Republic v. SAN MIGUEL VDA
Republic v. SAN MIGUEL VDA
Republic v. SAN MIGUEL VDA
DECISION
CAGUIOA, J : p
Owing to the failure of the BOC to submit its Report for a considerable
length of time, the RTC, in an Order 11 dated July 22, 2011, revoked the
appointment of the members of the BOC and directed the parties to submit
their respective position papers, attaching thereto all the supporting
documents.
On September 5, 2011, petitioner Republic filed its Position Paper. 12
During the course of the hearing, petitioner Republic presented two
witnesses, i.e., Associate Solicitor Romino G. Arzadon and Narciso V. Rico. On
October 28, 2011, petitioner Republic filed its Formal Offer of Evidence, 13
which was admitted by the RTC in its Order 14 dated November 11, 2011.
For their part, the respondents filed their Position Paper 15 dated
November 11, 2011.
Upon the motion of the respondents' counsel who desired to submit a
Memorandum instead of presenting witnesses, the RTC, in an Order 16 dated
March 30, 2012, allowed the parties to file their respective Memoranda.
On May 14, 2012, petitioner Republic filed its Memorandum. 17 On the
other hand, despite the lapse of a long period of time, the respondents failed
to file their Memorandum. Hence, the case was submitted for decision based
on the evidence at hand. 18
The Ruling of the RTC
In the assailed Decision, the RTC found that "[b]ased on the evidence
on records, specifically the current zonal valuation issued by the [BIR], it is
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clearly established that the amount of [P]2,100.00 per square meter or the
total amount of [P]457,800.00 is a just compensation for the subject
property with an area of 218 square meters." 19
With respect to the respondents' position, the RTC held that "aside
from the asseveration of the [respondents] that the current fair market value
of the subject property is [P]7,000.00 per square meter, x x x [the
respondents] failed to adduce evidence to support the same." 20
Hence, the RTC ruled that "it is but just, fair, and equitable that the just
compensation for the [respondents'] property, subject of the instant
expropriation, be fixed at [P]2,100.00 per square meter." 21
The dispositive portion of the assailed Decision reads:
With the foregoing determination of just compensation,
judgment is hereby rendered as follows:
1) Declaring plaintiff to have lawful right to acquire
possession of and title to 218 square meters of defendants
Juliana San Miguel Vda. De Ramos, Sps. Gregoria Ramos
and Alejandro Sanchez, Josefina De Leon, Dionisio De Leon,
Felicitas De Leon, Victorino De Leon, Patrocinia De Leon,
Sps. Ana Maria C. De Leon and Jaime De Guzman, Sps.
Eugenia De Leon and Oscar Magalang, and Sps. Condrado
De Leon and Benita Corpuz['s] parcel of land covered by
TCT V-11191 necessary for the construction of the NLEX-
Harbor Link Project (Segment 9) from NLEX to MacArthur
Highway, Valenzuela City;
2) Ordering the plaintiff to pay the said defendants the
amount of [P]2,100.00 per square meter or the sum of Four
Hundred Fifty Seven Thousand Eight Hundred Pesos
([P]457,800.00) for the 218 square meters as fair,
equitable and just compensation with legal interest at 12%
[per annum] from the taking of the possession of the
property, subject to the payment of all unpaid real property
taxes and other relevant taxes, if there be any;
3) Plaintiff is likewise ordered to pay the defendants
consequential damages which shall include the value of the
transfer tax necessary for the transfer of the subject
property from the name of the defendants to that of the
plaintiff and attorney's fees in the amount of 10% of
defendants' total claim for just compensation but not less
than [P]30,000.00;
4) The Office of the Register of Deeds of Valenzuela City,
Metro Manila is directed to annotate this Decision in
Transfer Certificate of Title No. V-11191 registered under
the name of defendants Juliana San Miguel Vda. De Ramos,
Sps. Gregoria Ramos and Alejandro Sanchez, Josefina De
Leon, Dionisio De Leon, Felicitas De Leon, Victorino De
Leon, Patrocinia De Leon, Sps. Ana Maria C. De Leon and
Jaime De Guzman, Sps. Eugenia De Leon and Oscar
Magalang, and Sps. Condrado De Leon and Benita Corpuz.
Let a certified true copy of this decision be recorded in the
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Registry of Deeds of Valenzuela City.
SO ORDERED. 22
Footnotes
1. Rollo , pp. 7-26.
2. Id. at 31-40. Penned by Presiding Judge Evangeline M. Francisco.
3. Id. at 29-30.
4. Id. at 32.
5. AN ACT TO FACILITATE THE ACQUISITION OF RIGHT-OF-WAY, SITE OR LOCATION
FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS AND FOR OTHER
PURPOSES, November 7, 2000.
6. Supra note 4.
7. Id. at 78.
8. Id. at 79.
9. Id. at 80-81.