Over a cup of Coffee and a pint of Insanity

G.R. No 101083

Minors of the Philippines vs. DENR

July 30, 1993

FACTS:

Petitioner minors, represented by their parents, contended that the granting of the TLAs (Timber License Agreement) by respondent DENR was done with grave abuse of discretion, violated their constitutional right to a balanced and healthful ecology; hence, the full protection thereof requires that no further TLAs should be renewed or granted. RTC dismissed the class suit on the ff grounds: 1)lack of cause of action; 2)the issue involved a  political question and 3)the relief sought would violate the non-impairment of contracts clause.

ISSUES:

Whether or not minors had the legal personality to initiate the suit.
Whether or not the case was justiciable.
Whether or not the relief sought would violate the non-impairment of contracts clause

RULING: Click HERE to see ruling for Minors of the Philippines vs. DENR

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G.R. No. L-41958

Donald Mead  vs. Hon. Manuel Argel, CFI

July 20, 1982

FACTS:

Petitioner Donald Mead assailed the legal personality of the Provincial Fiscal to file an information against him for his alleged violation of RA No. 3931 or An Act Creating a National Water and Air Pollution Control Commission. Petitioner averred that the National Water and Air Pollution Control Commission created under the said law has the authority to hear cases involving violations under the same.

ISSUES:

Whether or not the filing of the information by the provincial fiscal was proper. 

RULING: Click HERE to see ruling for Mead vs. Argel, CFI

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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: See Ruling for NPC vs. Ong Co HERE

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