TITLE WITH Barangay Matictic vs.

Elbinias, 148 SCRA 83

CITATION

DATE

TOPIC EMINENT DOMAIN: Who may exercise it? How about a barangay? Yes provided there is an
approval of the President.

PONENTE ALAMPAY, J

FACTS • The original action, Civil Case No. SM-234, was filed by the Municipality of Norzagaray
against Jose Serapio and Gregoria Pacida.
• The expropriation case was dismissed on May 12, 1978, due to the municipality's failure
to obtain the necessary authority from the Department Head or Office of the President.
• The dismissal was without prejudice, meaning the municipality could revive the action.
• Barangay Matictic, a different political entity but part of the municipality, filed a motion for
intervention in the expropriation case.
• The court dismissed the expropriation case, rendering the motion for intervention moot
and academic.
• The court explained that intervention is an ancillary proceeding dependent on the
principal action, and since the original action was dismissed, there was no proceeding for
intervention.
• Barangay Matictic filed a petition for certiorari and mandamus, seeking to compel the
court to allow its intervention.
• The court rejected the petition, stating that Barangay Matictic had no legal personality to
question the dismissal of the expropriation case.
• The court also noted that if Barangay Matictic had the authority to pursue its own
separate action, there would be no need for intervention.
• The court concluded that the dismissal of the expropriation case without prejudice
allowed the municipality to revive its action, and there was no basis for Barangay Matictic's
intervention.
• Therefore, the petition was denied.

ISSUES Whether Barangay Matictic has the legal personality to question the dismissal of the
expropriation case and to intervene in the case.

RULING • The court explained that intervention is an ancillary proceeding dependent on the
principal action.
• Since the original action, the expropriation case, was dismissed, there was no
proceeding for intervention.
• Barangay Matictic had no legal personality to question the dismissal of the expropriation
case.
• If Barangay Matictic had the authority to pursue its own separate action, there would be
no need for intervention.
• The dismissal of the expropriation case without prejudice allowed the municipality to
revive its action.
• There was no basis for Barangay Matictic's intervention.
We are constrained to reject petitioner's averment that public respondent Judge "acted with grave
and manifest abuse of discretion." Firstly, nothing is lost to the petitioner. If at all petitioner can
rightfully establish that it is allowed by law to institute a separate and independent action of its
own, then there would be no necessity for it to intervene in the case initiated by the Municipality
of Norzagaray which is now apparently no longer interested in continuing the expropriation
proceedings. The dismissal of the expropriation case was without prejudice. The municipality of
Norzagaray, Bulacan can revive its action. There is no need for the proposed intervention of
Barrio Matictic. What it may do is to urge the municipality to file its case anew. If the
Barangay has obtained authority for itself to pursue the action of eminent domain, then
the more reason there is to refuse its intervention.

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