Lopez, Virnadette L.

LAW 1932250

REPUBLIC OF THE PHILIPPINES REPRESENTED BY THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
(DPWH), PETITIONERS, VS. SPS. TAN SONG BOK AND JOSEFINA S. TAN

G.R. No. 191448, November 16, 2011

FACTS: On November 10, 2000, the Republic of the Philippines, represented by the Toll Regulatory
Board (TRB), through the Office of the Solicitor General (OSG), filed a complaint before the
Regional Trial Court, Angeles, for Expropriation of the several parcels of land of Sps. Tan Song
Bok & Josefina So-Tan, et. al to become an integral part of the Luzon Expressway (NLE).

On April 18, 2002, a Writ of Possession was issued placing petitioner in possession of the
properties. The committee proposed just compensation to be paid by petitioner.

On November 18, 2002, plaintiff-appellant filed its Comment/Objection to the Consolidated

Committee Report arguing that the amounts recommended by the committee did not
constitute fair and just equivalent of the properties as no basis was used.

The defendants filed a reply stating that the amount stated by the committee was with basis
as evidenced by zonal value certified by BIR and other documents duly certified by proper
authority.

ISSUES: 1. Whether or not petitioner was deprived of its right to due process?

2. Whether or not the RTC and the CA had sufficient basis in arriving at the questioned
amount of just compensation of the subject properties

RULING: 1. No, the petitioner was given due process as evidence by trials and testimony during
several hearing conducted for the purpose. Both parties was given the opportunity to be
heard and to present evidence.

2. Yes, the court respected the rulings of RTC and CA which stated that the amount is
considered as just compensation. The petitioner failed to prove that their petition is a
question of law, thus, the court considered the decision of CA as final and executory.