FACTS:

NGCP, plaintiff, a private corp created and existing under PH laws with principal
office address in San Fernando LU. Pursuant to RA 9511, NCGP was granted a
franchise to operate, manage and maintain and, in connection therewith, to engage
in the business of conveying or transmitting electricity through a high-voltage back-
bone system of interconnected transmission lines, substations, and related facilities,
systems operations, and other activities that are necessary to support the safe and
reliable operation of a transmission system and to construct, install, finance,
manage, improve, expand, operate, maintain, rehabilitate, repair and refurbish the
present nationwide transmission system of the Republic of the Phil.

NCGP was engaged in the business of transmitting electric power from the
generating plants of power producers of distributors. Due to the increasing demand
of electricity, there is an urgent need for the plaintiff to acquire a portion of the
defendant’s property in order to develop a 500kV transmission corridor that will
accommodate the power generated by new power plants within the Bataan
Peninsula and Zambales area, allowing the delivery of bulk power to the
transmission grid, and to improve the overall capability, security and stability of the
Luzon Grid. This undertaking is for the use and benefit of the public and is known as
the Hermosa-San Jose 500kV Transmission Line (Project).

The following defendants are the co-owner and/or of the late Maria Buenaventura,
Alfredo Buenaventura, Francisca Buenaventura, Anastacia Buenaventura, Leoncia
Buenaventura, Juanito S. Buenaventura, Eduardo S. Buenaventura, Luz S.
Buenaventura, and Rolando Buenaventura.

The properties subject of the complaint are as follows:

Lot 342 situated in Brgy. San Jose Patag, Sta. Maria, Bulacan, registered and declared
for taxation purposes in the name of Maria S. Buenaventura under TCT No. 222402
and Tax Declaration No. 2014-24018-02261;

Lot 1364-A situated in Brgy. Caysio, Sta Maria, Bulacan, registered and declared for
taxation purposes in the names of Maria S. Buenaventura, Anastacia Buenaventura,
Francisca Buenaventura and , Juanito S. Buenaventura under TCT No. T-6483(M)
and Tax Declaration No. 2014-24009-00161;

Lot 1364-B situated in Brgy. Caysio, Sta Maria, Bulacan, registered and declared for
taxation purposes in the names of Maria S. Buenaventura, Alfredo Buenaventura
married to Concepcion Alegria, Dioisio A. Buenaventura married to Teodoro Aveno,
Francsica Buenaventura, Anastacia Buenaventura, Leoncia Buenaventura married to
Norberto del Rosario, Juanito S. Buenaventura Eduardo S. Buenaventura married to
Aida Carlos, Luz S. Buenaventura married to Francisco Crisostomo, and Rolando
Buenaventura unded TCT No. T-6484 (M) and Tax Declaration No. 2014-24009-
00160.
The total area sought to be expropriated consists of 17, 264 square meters as shown
in the Sketch plans and Narrative Technical Descriptions. To enable plaintiff to
construct and maintain its Project, it is both necessary and urgent to acquire, upon
payment of just compensation, the described properties, to ensure stability and
reliability of power supply in the provinces of Bataan, Pampanga, and Bulacan,
Metro Manila and other parts of Luzon.

Plaintiff negotiated with defendants through Dionisio S. Buenaventura’s daughter,

Daisy Buenaventura for the acquisition of the affected portions of the properties of
the Project. However, no settlement was reached between the parties as shown in
the Affidavit of the Right-of-Way Negotiator. Hence, plaintiff has no other recourse
but to file the instant petition.

Plaintiff is willing and able to pay the just compensation for the affected portions of
the subject properties sought to be expropriated, subject to deductions for capital
gains and documentary stamp taxes for the transfer thereof in the name of plaintiff,
all other outstanding realty taxes and dues under the Local Government Code, which
plaintiff shall directly remit to the Government.

Pursuant to Section 6 of R.A. 10752, plaintiff, after due notice to the defendants,
shall have the right to enter and/or take possession of the real properties involved
upon deposit of an amount equivalent to 100% of the BIR zonal value of said
properties and of the costs of improvements to the court. Thus, plaintiff shall
deposit with the Honorable Court 100% of the BIR zonal value of the lands sought to
be expropriated, including the cost of improvements that will be damaged in the
total amount of 5,155,904.37.

Plaintiff prays the following:

1. issue a writ of possession in plaintiff’s favor authorizing it to enter and take
possession of the portions of the properties subject of this complaint that will
be affected by the construction and implementation of the Hermosa-San Jose
500kV Transmission Line Project, consisting of a total of 17,264 square
meters, more or less, as specified in the complaint, and if necessary, allow
plaintiff to have temporary access in going to the areas subject of the
complaint while the construction of the project is on-going;
2. issue an order of expropriation declaring that plaintiff has a lawful right to
take possession and acquire the affected portions of defendants’ properties
to the extent of areas specified in the complaint.
3. After the determination of just compensation, to authorize the payment
thereof by plaintiff to defendants after deducting the capital gains and
documentary stamp taxes for the transfer of the affected portions of the
subject properties in the name of plaintiff, all other outstanding taxes under
the National Internal Revenue Code, and all outstanding realty taxes and
dues under the Local Government Code, which plaintiff shall remit to the
Government;
 4. After the determination of just compensation, issue a judgment declaring the
plaintiff as the lawful owner of the affected portions of Lots 342, 1364-A and
1364-B, consisting of a total area of 17,264 square meters, more or less,
described in the complaint;
5. Direct the registry of deeds for Bulacan to register the said Order of
Expropriation and Judgment on TCT Nos. T-2224202, T-6483(M) and T-
6484(M) or any certificate of title that may hereafter be issued over the
subject properties during the pendency of this case;
6. The municipal assessor of Sta. Maria, Bulacan, to annotate the said Order of
Expropriation and Judgment on the tax declarations covering the properties
subject of this case and issue new tax declarations over the expropriated
portions in the name of NGCP.

On May 24, 2018, Defendants filed and Entry of Appearance with Answer and
Compulsory Counterclaim admitting that they are the heirs of Maria Buenaventura,
et.al and are co-owners of the properties subject of the Complaint; and denying
various paragraphs of the Complaint for lack of sufficient information necessary to
form a belief as to their truth as well as the amount stated worth 5, 155,904.37.
Defendants also avers that first, complaint of platintiff fails to state of a cause of
action for expropriation and the complaint fails to show that it followed the
requisites for expropriation. Second, there has been no allegation of any genuine
attempt at negotiating a voluntary sale. Daisy Buenaventura mentioned that she was
visited by persons not authorized to genuinely negotiate and bind the plaintiff;
Daisy also made several attempts to contact the plaintiff but she was not successful
in getting in touch with a representative of the plaintiff duly authorized to genuinely
negotiate in its behalf and to bind it. Third, there has been no allegation that there is
no other way for the plaintiff to carry out its proposed project without passing
through the defendant’s properties. There are alternatives to carrying out the
proposed project without passing through the defendant’s properties. Fourth,
complaint fails to state that the entirety if defendants’ properties are being
expropriated. While the proposed expropriation seeks only to cover portions of
defendant’s properties, in reality, the entirety of all the defendants’ properties are
affected and will be divided into small parts rendered valueless by the proposed
expropriation. Fifth, complaint fails to state any just compensation since it is only
based on the zonal valuation of the BIR which is already 9 years, the 1987
Constitution requires just compensation and just compensation is the fair market
value and not zonal value form 9 years ago. Sixth, Plaintiff should be directed to pay
attorneys fees of defendants since they have been constrained to hire services of
counsel because of such complaint. Defendants’ requests that Joycelyn C.
Buenaventura-Aguilar and Edward C. Buenaventura are adopting the filed answer as
their own and such be admitted. Defendants prays that complaint be dismissed and
all other reliefs that plaintiff prays for be denied and the counterclaim be granted.

On June 25, 2018, NCPG filed a reply alleging that under Rule 67, Section 3 of the
Revised Rules of Court, no counterclaim shall be alleged in the Answer or any
subsequent pleading. It is clear from the rules that counterclaim is prohibited
pleading in expropriation proceedings such as in this case. Therefore, Defendants
counterclaim should be dismissed outright for lack of legal and factual basis.
Further, a reading of the answer of the defendants shows that it failed to comply
with the required format in view of the fact that it was written in a double space
format, which is a clear violation of Section 3, of A.M. No. 11-9-4-SC. Moreover,
contrary to the Defendants claims that the Complaint fails to state a cause of action
for expropriation, a cursory reading thereof will clearly shows that the Complaint
stated a cause of action for eminent domain. The necessity for taking Defendants’
property for public use upon payment of just compensation was alleged in the said
complaint and the allegation stressing that the property would be used to develop
500kV transmission corridor that will accommodate the power generated by new
power plants satisfied the requirements of necessity and public use. Defendants
allegations that there has been no attempt in negotiating with them is clearly
unfounded. In contrast, the Plaintiff, through its Right-of-Way Negotiator Ms. Sarah
Jane Jopillo, negotiated with the Defendants. Unfortunately, no settlement was
reached between the parties as shown by her Affidavit attached to the Complaint.

SUMMARY:
On March 01, 2018, National Grid Corporation of the Philippines (NCPG), plaintiff,
filed a complaint for Expropriation seeking to expropriate a portion of the property
covered by (a) Lot 342 under TCT No. T-222402; (b) Lot 1364-A under TCT No T-
6483(M); and (c) Lot 1364-B under TCT No. 6484 (M) pursuant to its power of
eminent domain under R.A. 9511.

NCGP was engaged in the business of transmitting electric power from the
generating plants of power producers of distributors. Due to the increasing demand
of electricity, there is an urgent need for the plaintiff to acquire a portion of the
defendant’s property in order to develop a 500kV transmission corridor that will
accommodate the power generated by new power plants within the Bataan
Peninsula and Zambales area, allowing the delivery of bulk power to the
transmission grid, and to improve the overall capability, security and stability of the
Luzon Grid. This undertaking is for the use and benefit of the public and is known as
the Hermosa-San Jose 500kV Transmission Line (Project).

The following defendants are the co-owner and/or of the late Maria Buenaventura,
Alfredo Buenaventura, Francisca Buenaventura, Anastacia Buenaventura, Leoncia
Buenaventura, Juanito S. Buenaventura, Eduardo S. Buenaventura, Luz S.
Buenaventura, and Rolando Buenaventura.

NCPG avers that subject to the conditions under Section 2 of Rule 67 of the Rules of
Court and Section 6 of R.A. 10752 or The Right-of-Way Act, the plaintiff may already
enter and possess the subject property during the pendency of the Complaint before
the trial court. Moreover, the subject area sought to be expropriated consists of
17,264 square meters, which has a BIR zonal value and costs of improvements in the
total amount of Php 5, 155,904.37. Plaintiff moves to deposit the provisional value
of Php 5, 155,904.37 by way of BDO Manager’s Check No. 0007395448 to the court,
and it be deemed as full and sufficient compliance to the conditions under Section 2
of Rule 67 of the Rules of Court and Section 6 of R.A. 10752; and that a writ of
possession over the subject property be issued in favor of Plaintiff.

Defendants avers while admitting that they are the heirs of Maria Buenaventura,
et.al and are co-owners of the properties subject of the Complaint; they deny various
paragraphs of the Complaint for lack of sufficient information necessary to form a
belief as to their truth as well as the amount stated worth 5, 155,904.37. Defendants
also avers that first, complaint of platintiff fails to state of a cause of action for
expropriation and the complaint fails to show that it followed the requisites for
expropriation. Second, there has been no allegation of any genuine attempt at
negotiating a voluntary sale. Daisy Buenaventura mentioned that she was visited by
persons not authorized to genuinely negotiate and bind the plaintiff; Daisy also
made several attempts to contact the plaintiff but she was not successful in getting
in touch with a representative of the plaintiff duly authorized to genuinely negotiate
in its behalf and to bind it. Third, there has been no allegation that there is no other
way for the plaintiff to carry out its proposed project without passing through the
defendant’s properties. There are alternatives to carrying out the proposed project
without passing through the defendant’s properties. Fourth, complaint fails to state
that the entirety if defendants’ properties are being expropriated. While the
proposed expropriation seeks only to cover portions of defendant’s properties, in
reality, the entirety of all the defendants’ properties are affected and will be divided
into small parts rendered valueless by the proposed expropriation. Fifth, complaint
fails to state any just compensation since it is only based on the zonal valuation of
the BIR which is already 9 years, the 1987 Constitution requires just compensation
and just compensation is the fair market value and not zonal value form 9 years ago.
Sixth, Plaintiff should be directed to pay attorneys fees of defendants since they have
been constrained to hire services of counsel because of such complaint. Defendants’
requests that Joycelyn C. Buenaventura-Aguilar and Edward C. Buenaventura are
adopting the filed answer as their own and such be admitted. Defendants prays that
complaint be dismissed and all other reliefs that plaintiff prays for be denied and the
counterclaim be granted.