Hisoler, Ivanne DLaureil I.

LLB EH 401 - Legal Writing

Republic of the Philippines vs. Carmen M. Vda. De Castellvi, et al.

G.R. No. L-20620 August 15, 1974
Case Digest

FACTS: In 1947, the republic, through the Armed Forces of the Philippines (AFP), entered into a
lease agreement over a land in Pampanga with Castellvi on a year-to-year basis. When Castellvi
gave notice to terminate the lease in 1956, the AFP refused because of the permanent
installations and other facilities worth almost P500,000.00 that were erected and already
established on the property. She then instituted an ejectment proceeding against the AFP. In
1959, however, the republic commenced the expropriation proceedings for the land in question.

ISSUE: Whether or not the compensation should be determined as of 1947 or 1959.

RULING: The Supreme Court ruled that the taking should not be reckoned as of 1947, and
that just compensation should not be determined on the basis of the value of the property as of
that year.

The requisites for taking are:

1. The expropriator must enter a private property;
2. The entry must be for more than a momentary period;
3. It must be under warrant or color of authorities;
4. The property must be devoted for public use or otherwise informally appropriated or
injuriously affected; and
5. The utilization of the property for public use must be such a way as to oust the owner and
deprive him of beneficial enjoyment of the property.

Only requisites 1, 3, and 4 were present. It is clear, therefore, that the "taking" of Catellvi's
property for purposes of eminent domain cannot be considered to have taken place in 1947 when
the Republic commenced to occupy the property as lessee thereof.

Under Sec. 4, Rule 67 of the Rules of Court, just compensation is to be determined as of the
date of the filing of the complaint. The Supreme Court has ruled that when the taking of the
property sought to be expropriated coincides with the commencement of the expropriation
proceedings, or takes place subsequent to the filing of the complaint for eminent domain, the just
compensation should be determined as of the date of the filing of the complaint.

In the instant case, it is undisputed that the Republic was placed in possession of the Castellvi
property, by authority of court, on August 10, 1959. The taking of the Castellvi property for the
purposes of determining the just compensation to be paid must, therefore, be reckoned as of June
26, 1959 when the complaint for eminent domain was filed.