Case Summary (G.R. No. 146735)
Background of the Case
This case involves a petition for review on certiorari concerning an expropriation proceeding initiated by NAPOCOR against Carlos Villamor. The subject of the expropriation was a portion of Villamor's property, specifically 3,224 square meters out of a total lot of 10,625 square meters located in Barangay Catipay, Carmen, Cebu, intended for the installation of transmission lines for a major project. The Regional Trial Court (RTC) of Danao City granted NAPOCOR possession of the property in 1996, following due process, which included the assessment and deposit of the property's value.
Expropriation Proceedings
The RTC ruled in favor of NAPOCOR and determined the just compensation for Villamor's properties after the court's appointed board of commissioners assessed the values of the lands involved. Initially, Villamor received a compensation amount, but subsequent amendments and motions by both parties led to complex proceedings regarding the final amounts owed.
Motion for Execution Pending Appeal
After the trial court's decision, Villamor filed a Motion for Execution Pending Appeal, which the RTC granted. This decision was contested by NAPOCOR, leading to secondary motions and appeals regarding jurisdiction and the necessity of immediate execution. NAPOCOR argued that once it filed a notice of appeal, the RTC lost jurisdiction over the case, thus claiming Villamor's motion for execution was improperly filed.
Court of Appeals' Decision
The CA ultimately ruled in favor of NAPOCOR, determining that the RTC had lost jurisdiction to grant the Motion for Execution Pending Appeal once NAPOCOR’s appeal was perfected. The CA annulled the RTC's orders, citing proper procedural grounds to justify its decision, and Villamor was directed to pay a specified amount back to NAPOCOR with interest.
Legal Principles Discussed
The Supreme Court analyzed the legality of execution pending appeal within the context of the Rules of Civil Procedure, particularly around the jurisdiction of the trial court once an appeal has been perfected. The Court emphasized that execution pending appeal is an exception to expect, requiring specific urgent circumstances justify
...continue readingCase Syllabus (G.R. No. 146735)
Case Overview
- The case involves a petition for review on certiorari under Rule 45 of the Rules of Court, initiated by Carlos D. Villamor against the National Power Corporation (NAPOCOR) and the Court of Appeals (CA).
- The petition seeks to reverse and set aside the CA's Decision dated November 23, 1999, and Resolution dated January 2, 2001, which vacated the Regional Trial Court (RTC) of Danao City’s order for execution pending appeal in an expropriation case.
Background of the Case
- NAPOCOR filed an eminent domain action against Villamor to expropriate a portion of his land in Barangay Catipay, Carmen, Cebu, for the installation of transmission lines.
- The land in question consisted of 3,224 square meters from a total of 10,625 square meters owned by Villamor.
- NAPOCOR deposited P23,115.70 with the Philippine National Bank, representing the assessed value of the property as per the tax declaration.
Procedural History
- The RTC issued an order on August 1, 1996, allowing NAPOCOR to take possession of the property.
- An amended complaint filed on March 12, 1997, sought to expropriate additional parcels of land totaling 8,724 square meters.
- The RTC granted NAPOCOR's urgent motion for a writ of possession on July 14, 1997.
- A board of commissioners was constituted to assess just compensation, resulting in a decision on December 22, 1997, which included compensation amounts for various parcels of land and improvements.
Motions and Resolutions
- Both parties filed motions for reconsideration regarding the compensation awarded.
- The RTC granted Villamor’s motion, adding compensation for a previously unaccounte