G.R. No. 166973
National Power Corporation vs. Benjamin Ong Co
February 10, 2009
Facts:
Petitioner expropriated respondent’s property for its Lahar Project, a
project for public use
Petitioner established its claim on RA 6395,
allowing it to exercise the right to eminent domain.
Complaint was filed at the RTC on June 27,
2001. On 25 March
2002, petitioner obtained a writ of possession and on 15 April 2002 it took
possession of the property.
RTC ordered the compensation of the full market value of the land valued
at P1,179,000.00, with interest
at 6% per annum beginning 15 April 2002, the date of actual taking, until full
payment. RA 8974 sets forth the payment of land’s full market value as
distinguished to RA 6395 which entitles the land owner to only 10% of market
value.
Petitioner argues that compensation should only be an easement fee and
not the total value and that computation of compensation should be determined
as of the date of the filing of the complaint (Rule 67).
Issues:
Whether or not compensation will be governed by provisions on RA 6395 or
RA 8974? Who will determine?
Whether or not value of the property should be reckoned as of the filing
of the complaint or actual taking of the land?
Held:
Court held that with regard to compensation, provisions on RA 8974
should govern. Rules and Regulations of R.A. No. 8974 explicitly
include power generation, transmission and distribution projects among the
national government projects covered by the law. R.A. No. 8974 should govern
the expropriation of respondent's property since the Lahar Project is a national
government project.
The Court also held that the function for determining just compensation
remains judicial in character. It held that the courts have the power to
determine cases relative to the violations on the guarantees provided by the
Bill of Rights.
As to the amount to be given to respondent as compensation, the court
agreed with petitioner that compensation should be computed as of the filing of
complaint (2001) win compliance with Rule 67.
