NAPOCOR v Heirs of

Salvador et. al
G.R. No. 224324,
Jan. 22, 2020, Reyes Jr. (First Division)
QUICK CATCH UP:
 POWER OF EMINENT DOMAIN

The power of state to take property for public use after

payment of just compensation.
 FACTS:
• Salvador Serra, Serra
• Margarita Serra Serra
• Francisca Teresa Serra
• Francisco Jose Serra
• (Spouses) Primitivo Hernandez, and Paz
Bacol
• (Spouses) Bernardino Moncera and
Rogaciana Hernaez
• (Spouses) Ambrosio Fortaliza and Luisa
Hernandez
• BPI (Bank of the Phil Islands)
 FACTS:
• Petition for Review for case CV No. 04256, that is affirmed with the
decision of RTC, in a case for eminent domain.
• NAPOCOR – filed a complaint for eminent domain before RTC against
the Heirs of Salvador Serra et.al
• - Complaint alleges that to enable NAPOCOR to construct and maintain its 138KTV
transmission Line Island Grid Project, (for public purposes) that is necessary and
urgent to acquire easement of right of wat over portions of parcels of land, that are
possessed by the respondents. (54,060 sqmeters)
 FACTS:
• NAPOCOR deposited 258,000 Php with PNB and was placed in possession of the
subject properties in Aug 3, 1999. (Lot 2746 and 1316)
• However, there is a need to include Lot 2747.
• NAPOCOR amended its complaint on March 10, 2000 to include Lot 2747
• April 29, 2003 - RTC dismissed the case without prejudice for UNREASONABLE
LENGTH OF TIME
• BOARD OF COMMISIONERS – determined the JUST COMPENSATION for the
affected properties
 FACTS:
• May 26, 2011- RTC ruled in provision and aid of Department of Finance
Order No. 60-97, considering the lot was planted by sugarcane, and extent
of disturbance it may cause:
• RULING is as follows:
 RTC RULING
• NAPOCOR has lawful right to take the properties
• NAPOCOR is ordered to pay Estate of Primitivo Hernaez, et al:
• 9,356,400 PHP – LOT 1316 – 16,560sqm
• 8,156,250 PHP – LOT 2746 – 37, 500sqm
• 1,406,463.75 PHP – LOT 2747 – 6,466.50 sqm
• 258,000 PHP – that is earlier deposited will be deducted from the total
amount
 CA- CEBU
• DENIED – The appeal of NAPOCOR with the RTC’s ruling of
modification of payment and AFFIRMED with MODIFICATION the
RTC’s ruling.
• 18,661,113.75 – Total
• With legal interest of 12% per annum from taking of possession until fully paid.
 FACTS:
• NAPOCOR submits that the court a quo by considering the improvements
on the property as of 2006.
• Respondents argues that NAPOCOR mislead them by contending the RTC
erroneously determined JUST COMPENSATION which RTC based on
established factors affecting the value of the properties in 1998
conformably with Rule 67 of Rules of the Court.
 FACTS:
• Factual findings of the trial and appellate courts will not be disturbed by this
Court unless they are grounded entirely on speculations, surmises, or
conjectures, among others.
• COURT IS NOT TRIER OF FACTS
• There is no valid ground that would warrant a reversal of the factual findings
of the appellate court or any reasonable basis to treat this case an exception.
• RTC adopted the NAPOCOR’s PROPOSAL
 ISSUE
• Whether or not the amount of JUST COMPENSATION awarded to the
respondents based on the prevailing price and character of the property at
the time of filing of the Complaint for Eminent domain in 1998.
FINAL RULING: