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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HELD: See Ruling for NPC vs. Ong Co HERE
ALSO... PLEASE Follow our community for more updates :
FACEBOOK PAGE and WORDPRESS ^_^
