NAPOCOR vs.

Gutierrez

Facts:
This case is a petition for review on certiorari seeking for the reversal or modification of the
CA’s decision on the case entitled  "National Power Corporation v. Sps. Misericordia Gutierrez
and Ricardo Malit".
-Plaintiff NAPOCOR is to construct transmission lines(230 KV Mexico-Limay transmission lines),
which will pass the lands of herein defendants.
-Plaintiffs made several negotiations with the defendants for the right of way easements on the
said lands, but were unsuccessful. Hence, the former was constrained to file an eminent
domain proceedings against the defendants.
-For the purpose of determining the value of the just compensation for the defendants, the
court appointed three commisioners: 1 representative for the defendants, 1 for the plaintiffs
and 1 representative for the court.  These representatives were empowered to receive
evidence, conduct ocular inspection of the premises, and thereafter, prepare their appraisals as
to the fair and just compensation to be paid to the owners of the lots.
- The commission for the plaintiff corporation recommended that plaintiff be granted right of
way easement over the defendants’ land for plaintiff’s transmission line upon payment of an
easement fee of P1.00 while the commissioner for the defendant recommended that
defendants be paid as disturbance compensation the amount of P10.00. The Court’s
commissioner, however, recommended the payment of P5.00 by the right-of-way to be
granted.

Issue: Whether petitioner should be made to pay simple easement fee or full compensation for
the land traversed by its transmission lines.

Ruling:
It is true that the plaintiff is only after the right of way easement on th said land of th
defendants, but it still perpetually deprives defendants of their proprietary rights as manifested
by the imposition by the plaintiff upon defendants that below said transmission lines no plant
higher than 3 meters is allowed. Furthermore, because of the high-tension current conveyed
through said transmission lines, danger to life and limbs that may be caused beneath said
wires cannot altogether be discounted, and to cap it all, plaintiff only pays the fee to
defendants once, while the latter shall continually pay the taxes due on said affection portion
of their property.

In the case at bar, the easement of right-of-way is definitely a taking under the power of
eminent domain. Considering the nature and effect of the installation of the transmission lines,
the limitation imposed by NPC against the use of the land for an indefinite period deprives
private respondents of the ordinary use of the said land.

Note: The power of eminent domain may be exercised although title was not transferred to
the expropriator.