The Supreme Court upheld the Regional Trial Court's (RTC) ruling fixing just compensation at PHP 150 per square meter for the National Power Corporation's (NAPOCOR) acquisition of an easement over the defendants' property for a transmission line. The Court held that determining just compensation is a judicial function that cannot be limited by statutes or executive issuances, such as Section 3A of RA 6395 cited by NAPOCOR, which are merely guidelines and not binding on courts. Payment of just compensation is constitutionally guaranteed for any taking of private property for public use.
The Supreme Court upheld the Regional Trial Court's (RTC) ruling fixing just compensation at PHP 150 per square meter for the National Power Corporation's (NAPOCOR) acquisition of an easement over the defendants' property for a transmission line. The Court held that determining just compensation is a judicial function that cannot be limited by statutes or executive issuances, such as Section 3A of RA 6395 cited by NAPOCOR, which are merely guidelines and not binding on courts. Payment of just compensation is constitutionally guaranteed for any taking of private property for public use.
The Supreme Court upheld the Regional Trial Court's (RTC) ruling fixing just compensation at PHP 150 per square meter for the National Power Corporation's (NAPOCOR) acquisition of an easement over the defendants' property for a transmission line. The Court held that determining just compensation is a judicial function that cannot be limited by statutes or executive issuances, such as Section 3A of RA 6395 cited by NAPOCOR, which are merely guidelines and not binding on courts. Payment of just compensation is constitutionally guaranteed for any taking of private property for public use.
The Supreme Court upheld the Regional Trial Court's (RTC) ruling fixing just compensation at PHP 150 per square meter for the National Power Corporation's (NAPOCOR) acquisition of an easement over the defendants' property for a transmission line. The Court held that determining just compensation is a judicial function that cannot be limited by statutes or executive issuances, such as Section 3A of RA 6395 cited by NAPOCOR, which are merely guidelines and not binding on courts. Payment of just compensation is constitutionally guaranteed for any taking of private property for public use.
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NATIONAL POWER CORPORATION
v. SPOUSES RODOLFO ZABALA
G.R. No. 173520 January 30, 2013
Anthony Adrian T. Perez
Legislative enactments, as well as executive issuances, fixing or providing fix the method of computing just compensation are tantamount to impermissible encroachment on judicial prerogatives. Thus they are not binding on courts and, at best, are treated as mere guidelines in ascertaining the amount of just compensation FACTS National Power Corporation (NAPOCOR) filed a complaint for Eminent Domain defendant spouses, before the RTC, alleging that defendants own parcels of land that it urgently needed an easement of right of way for its transmission lines and that the said parcels of land have neither been applied nor expropriated for any public use, and were selected in a manner compatible with the greatest public good and the least private injury. The defendant spouses moved to dismiss the complaint averring that the traversing of the transmission lines through their property would impact negatively on the housing expansion in city, that the high tension wires would endanger the life and limb of the inhabitants within the area, and decrease the value of their subject property. FACTS Thus, it shows that the installation of the proposed transmission wires on their property was not the most direct, practical and least burdensome means to achieve public good. Thereafter, the Commissioners submitted their Final Report/Recommendation fixing the just compensation at P150.00 per square meter. Accordingly, NAPOCOR was ordered by the RTC to pay defendant spouses, the amount of Php 150.00 per square meter, as the just compensation. NAPOCOR appealed to the CA arguing that the RTC did not apply Section 3A of R.A. No. 6395 which limits its liability to easement fee of not more than 10% of the market value of the property traversed by its transmission lines. On appeal, the CA affirmed the RTC’s decision. ISSUE
Whether or not the RTC erred in fixing the
amount of the just compensation. RULING The Supreme Court held that the payment of just compensation for private property taken for public use is guaranteed no less than our Constitution and is included in the Bill of Rights. Thus, Sec. 3A of RA No. 6395 nor any legislative enactments nor executive issuances can prevent the courts from determining just compensation. Further, it is a judicial function that cannot be usurped by any other branch or official of the government. Statutes and executive issuances fixing or providing for the method of computing just compensation are not binding on courts and, at best, are treated as mere guidelines in ascertaining the amount thereof.
Edward T. Marcelo, Marcelo Fiberglass Corporation, Et - Al.Vs - Sandiganbayan and The Presidential Commission On Good Government G.R. No. 156605, August 28, 2007 Garcia, J. Facts