Title
Tiongson vs. National Housing Authority
Case
G.R. No. 166964
Decision Date
Oct 11, 2005
NHA's expropriation case dismissed; deposit withdrawn after 7 years as petitioners failed to claim damages or oppose withdrawal.

Case Summary (G.R. No. 166964)

Legal Proceedings and Context

On April 3, 1987, the NHA initiated eminent domain proceedings against the petitioners for several lots in Tondo, totaling 66,783.40 square meters with an aggregate valuation of ₱21,024,136.50. Instead of responding to the complaint, the petitioners filed motions to dismiss, seeking damages and attorney fees. The NHA, acknowledging these claims, deposited ₱21,107,485.07 with the Philippine National Bank (PNB) as provisional just compensation on March 11, 1988.

Dismissal of the Complaint

On March 11, 1991, the Regional Trial Court ruled in favor of the petitioners, dismissing NHA's complaint. This dismissal was subsequently affirmed by the Court of Appeals on February 26, 1993. On July 26, 1993, the Supreme Court declared the case terminated due to NHA's failure to timely file a petition for review.

Motions for Withdrawal of Deposit

On September 7, 2000, after a seven-year inactivity concerning any claims for damages, NHA filed a motion to withdraw the deposit but did not schedule a hearing. Following a second motion that properly set a hearing date for November 10, 2000, the trial court expunged the first motion and ruled that the amount deposited was an advance payment against future expropriation or indemnity for any damages.

Court of Appeals Decision

Upon appeal, the Court of Appeals reversed the trial court's November 8, 2000 order, allowing NHA to withdraw the deposited funds. The Court held that the petitioners could not present evidence of damages, as their counterclaim had been dismissed along with NHA's initial complaint, limiting their ability to litigate the issue of damages.

Legal Issues Raised by Petitioners

The petitioners contended that the Court of Appeals was guilty of grave abuse of discretion by permitting NHA to withdraw the deposit without a hearing to ascertain damages. The petition articulated two main issues: (1) the lack of notice of hearing for NHA's initial motion, which they viewed as a procedural flaw and (2) the procedural impropriety of allowing NHA to withdraw the deposit prior to a hearing on damages.

Supreme Court's Evaluation

The Supreme Court found the petitioners' arguments to be without merit. The Court emphasized that per Rule 67 of the Rules of Court, the process of eminent domain involves two distinct phases: a condemnation phase followed by an ascertainment of just compensation. Since the initial complaint had been dismissed based on the finding that its acquisition was not for public use, the c

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