#53 Napocor v. Tiangco

NATIONAL POWER CORPORATION vs.
TIANGCO
FACTS:
Tiangcos, are the owners of a parcel of land with an area of 152,187 square meters at Barangay
Sampaloc, Tanay, Rizal. NAPOCOR, a GOCC, created for the purpose of undertaking the development
and generation of power from whatever source. NPC’s charte authorizes the corporation to acquire private
property and exercise the right of eminent domain.
NPC requires 19,423 square meters of the respondents’ aforementioned property, across which its
500Kv Kalayaan-San Jose Transmission Line Project will traverse. NPC’s Segregation Plan for the purpose
shows that the desired right-of-way will cut through the respondents’ land.
After repeated unsuccessful negotiations with the respondents, NPC filed with the RTC a complaint
for expropriation against them which the RTC issued Condemnation Order, granting NPC the right to take
possession of the area sought to be expropriated. Which RTC subsequently ordered directing NPC to pay
and deposit with the Rizal Provincial Treasurer an amount representing the temporary provisional value of
the area subject of the expropriation prior to the possession. The RTC rendered judgment expropriating in
favor of NAPOCOR a parcel of land covering a total area and ordered the amount of P40,594.07 as just
compensation and the amount of P324,750.00 as reasonable compensation for the improvements on the
land expropriated.
The respondents moved for reconsideration, contending that for the year 1985, 1992, 1994 that the
lands valued at ₱30.00, ₱80.00, ₱100.00 per square meter respectively supported by the BIR Circular
Appraisal document.
NAPOCOR made it clear that it is interested only in acquiring an easement of right-of-way over the
respondents’ property and that ownership of the area over which the right-of-way will be established shall
remain with the respondents. For this reason, NPC claims that it should pay, in addition to the agreed or
adjudged value of the improvements on the area, only an easement fee in an amount equivalent to 10% of
the market value of the property as declared by the respondents or by the Municipal Assessor, whichever is
lower, as provided for under Section 3-A of Republic Act No. 6395, as amended by Presidential Decree
938.
The trial court made a determination that the market value of the property is ₱2.09 per square
meter and not the ₱30.00 per square meter claimed by the respondents. Neither did the trial court consider
NPC’s reliance on Section 3-A of Republic Act No. 6395, as amended by Presidential Decree 938, the
court placing more weight on the respondents’ argument that expropriation would result in the substantial
impairment of the use of the area needed, even though what is sought is a mere aerial right-of-way.
From the aforesaid decision of the trial court, both NAPOCOR and the respondents went on appeal
to the CA. The appellate court found merit in the respondents’ appeal, and disregarded the ₱2.09 per
square meter valuation of the trial court, which was based on a 1984 tax declaration. Instead, the CA
placed reliance upon a 1993 tax declaration, "being only two years removed from the time of taking." The
appellate court determined the time of taking to be in 1991.
ISSUE:
1. Is the just compensation to be based on the 1984 or the 1993 valuation?
2. Should NAPOCOR pay for the value of the land being taken, or should it be limited to what is provided
for under P.D. 938, that is, ten per cent (10%) of its market value as declared by the owner or the assessor
(whichever is lower), considering that the purpose for which the property is being taken is merely for the
establishment of a safe and free passage for its overhead transmission lines?
HELD:
1. In eminent domain cases, the time of taking is the filing of the complaint, if there was no actual taking
prior thereto. Hence, in this case, the value of the property at the time of the filing of the complaint on
November 20, 1990 should be considered in determining the just compensation due the respondents.
Normally, the time of the taking coincides with the filing of the complaint for expropriation.
The trial court fixed the value of the property at its 1984 value, while the CA, at its 1993 worth. Neither of
the two determinations is correct. For purposes of just compensation, the respondents should be paid the
value of the property as of the time of the filing of the complaint which is deemed to be the time of taking
the property.
The expropriation proceedings in this case having been initiated by NAPOCOR on November 20, 1990,
property values on such month and year should lay the basis for the proper determination of just
compensation. The equivalent to be rendered for the property to be taken shall be substantial, full, ample
and, as must apply to this case, real. This must be taken to mean, among others, that the value as of the
time of taking should be the price to be paid the property owner.
In this case, this simply means the property’s fair market value at the time of the filing of the complaint.
In the determination of such value, the court is not limited to the assessed value of the property or to the
schedule of market values determined by the provincial or city appraisal committee; these values consist
but one factor in the judicial valuation of the property. The nature and character of the land at the time of its
taking is the principal criterion for determining how much just compensation should be given to the
landowner. All the facts as to the condition of the property and its surroundings, as well as its improvements
and capabilities, should be considered.
Neither of the two determinations made by the courts below is therefore correct. A new one must be arrived
at, taking into consideration the foregoing pronouncements.
2. True, an easement of a right-of-way transmits no rights except the easement itself, and the respondents
would retain full ownership of the property taken. Nonetheless, the acquisition of such easement is not
gratis. The limitations on the use of the property taken for an indefinite period would deprive its owner of the
normal use thereof. For this reason, the latter is entitled to payment of a just compensation, which must be
neither more nor less than the monetary equivalent of the land taken.
If the easement is intended to perpetually or indefinitely deprive the owner of his proprietary rights through
the imposition of conditions that affect the ordinary use, free enjoyment and disposal of the property or
through restrictions and limitations that are inconsistent with the exercise of the attributes of ownership, or
when the introduction of structures or objects which, by their nature, create or increase the probability of
injury, death upon or destruction of life and property found on the land is necessary, then the owner should
be compensated for the monetary equivalent of the land.
As correctly observed by the CA, considering the nature and the effect of the installation power lines, the
limitations on the use of the land for an indefinite period would deprive respondent of normal use of the
property. For this reason, the latter is entitled to payment of a just compensation, which must be neither
more nor less than the monetary equivalent of the land.

#53 Napocor v. Tiangco

Uploaded by

Copyright:

Available Formats

#53 Napocor v. Tiangco

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

#53 Napocor v. Tiangco

Uploaded by

Copyright:

Available Formats

NATIONAL POWER CORPORATION vs.

You might also like