19 Robern Vs Quitain

Robern Development Corporation vs Judge Jesus V. Quitain, RTC of Davao, Br. 15, and National Power Corporation GR No. 135042, Septeber 23, 1999 Facts: Petitioner is an owner of a parcel of land (about 17,746.50 sq m) which the NPC seeks to expropriate. However, the property forms part of a proposed low-cost housing project in Davao City. NPC filed a complaint for eminent domain against petitioner. However, instead of filing an answer, Robern countered with a Motion to Dismiss stating that (1) the complaint suffers jurisdictional defect for failure to show that the action bore the approval of the NPC Board of Directors, (2) Caete, who signed the verification and certification was not the president, general manager or an officer specifically authorized under NPC Charter, and (3) the choice of property was improper as it is already intended for a low-cost housing project, a public purpose within the contemplation of law, and that the choice was arbitrary as there were other properties available within the area. The issue as to the jurisdictional defect reached the Court of Appeals via petition for certiorari. The CA, however, upheld the decision of the trial court stating that “the verification and certification of the complaint by someone other than the president and the general manager of NPC was not a fatal jurisdictional defect. It was enough to allege that the expropriating body had the right of eminent domain. The issues whether the expropriation was properly authorized by the board of directors and whether the Caete’s verification and certification of the complaint was likewise authorized were evidentiary and could be ruled upon only after the reception of evidence.” Hence, the current petition before the Supreme Court. Issue/s: Whether or not NPC has complied with the requirements as to the verification and certification against non-forum shopping of the complaint? Ruling: None. The disputed verification and certification was sufficient since Atty. Caete was the acting regional legal counsel of NPC at the Mindanao Regional Center in Iligan City. He was not merely a retained lawyer, but an NPC in0house counsel and officer, whose basic function was to prepare legal pleadings and to represent NPC-Mindanao in legal cases. As regional legal counse, he was the officer who was in the best position to verify the truthfulness and the correctness of the allegations in the complaint for expropriation in Davao. Also, Caete was not the only signatory to the complaint as he was joined by several others who signed on behalf of the Solicitor General in accordance with the NPC Charter. Their signatures prove that the NPC general counsel and solicitor general approved the filing of the complaint for expropriation.