BARANGAY SINDALAN, SAN FERNANDO, PAMPANGA vs.

COURT OF APPEALS
GR. NO. 15640
MARCH 22, 2007

FACTS

The petitioner filed a complaint for eminent domain against the

Sindayan spouses who were the registered owners of the parcel of
land that is in dispute. Barangay Sindalan sought to convert a portion
of the land into their barangay feeder road. On the other hand, the
spouses argued that the expropriation of their property, which is
adjacent to Davsan II Subdivision, would benefit only the
homeowners of said subdivision.

ISSUE

Whether the proposed exercise of the power of eminent domain

would be for public purpose.

RULING

No.

The contemplated road to be constructed by the barangay would

benefit only the residents of the subdivision. The Supreme Court
explained that in the exercise of eminent domain, it is basic that the
taking of private property must be for a public purpose. In this
jurisdiction, “public use” is defined as “whatever is beneficially
employed in the community.”

In the case, the intended feeder road sought to serve the residents
of the subdivision only. It has not been shown that the other residents
of Barangay Sindalan, San Fernando, Pampanga, will be benefited by
the contemplated road to be constructed. Moreover, the number of
people who use or can use the property cannot be determined
whether or not it constitutes public or private purpose. The fact that
it reveals that the intended use of the lot is confined solely to the
Davsan II Subdivision residents, hence it is not exercisable in
common.