Filstream Vs Ca

Filstream vs CA Date: January 23, 1998 Petitioner: Filstream International Incorporated Respondent: CA, Judge Felipe Tongco and City of Manila Ponente: Francisco Facts: Petitioner is the registered owner of the properties subject of this dispute consisting of adjacent parcels of land situated in Antonio Rivera Street, Tondo II, Manila. Petitioner filed an ejectment suit before the MTC against the occupants of the parcels of land (private respondents) on the grounds of termination of the lease contract and non-payment of rentals. Judgment was rendered by the MTC ordering private respondents to vacate the premises and pay back rentals to petitioner. The RTC and CA affirmed. However, it appeared that during the pendency of the ejectment proceedings private respondents, a complaint for Annulment of Deed of Exchange against petitioner which was filed before the RTC. The City of Manila then approved Ordinance No. 7813, authorizing Mayor Lim to initiate the acquisition by negotiation, expropriation, purchase, or other legal means certain parcels of land which formed part of the properties of petitioner then occupied by private respondents. The City approved Ordinance No. 7855 declaring the expropriation of certain parcels of land situated along Antonio Rivera and Fernando Ma. Guerero streets in Tondo, Manila which were owned by Mr. Enrique Quijano Gutierez, petitioner’s predecessor-in-interest. The said properties were to be sold and distributed to qualified tenants of the area pursuant to the Land Use Development Program of the City of Manila. The City of Manila filed a complaint for eminent domain. The trial court issued a Writ of Possession in favor of the city which ordered the transfer of possession over the disputed premises to the City of Manila. Petitioner filed a motion to dismiss but the court denied th emotion. Concerning the first case, the trial court issued an order commanding the demolition of the structure erected on the disputed premises. To avert the demolition, private respondents filed before the RTC of Manila, Branch 14, a Petition for Certiorari and Prohibition with prayer for the issuance of a temporary restraining order and preliminary injunction. The TRO was granted which was later lifted. The court the dismissed the case on the ground of forum shopping. On appeal, the CA found merit in private respondents’ allegations in support of their application of the issuance of the writ and granted the same. The issue raised in G.R. No. 125218 is purely procedural and technical matter. Petitioner takes exception to the resolutions of the CA which ordered the dismissal of its Petition for Certiorari for non-compliance with Sec. 2(a) of Rule 6 of the Revised Internal Rules of the Court of Appeals by failing to attach to its petition other pertinent documents and papers and for attaching copies of pleadings which are blurred and unreadable. Petitioner argues that respondent appellate court seriously erred in giving more premium to form rather than the substance. We agree with the petitioner. A strict adherence to the technical and procedural rules in this case would defeat rather than meet the ends of justice as it would result in the violation of the substantial rights of petitioner. At stake in the appeal filed by petitioner before the CA is the exercise of their property rights over the disputed premises which have been expropriated and have in fact been ordered condemned in favor of the City of Manila. In effect, the dismissal of their appeal in the expropriation proceedings based on the aforementioned grounds is tantamount to a deprivation of property without due process of law as it would automatically validate the expropriation proceedings based on the aforementioned grounds is tantamount to a deprivation of property without due process of law as it would automatically validate the expropriation proceedings which the petitioner is still disputing. It must be emphasized that where substantial rights are affected, as in this case, the stringent application of procedural rules may be relaxed if only to meet the ends of substantial justice. With regard to the other petition, G.R. No. 128077, petitioner Filstream objects to the issuance by respondent CA of the restraining order and the preliminary injunction enjoining the execution of the writ of demolition issued in the ejectment suit as an incident to private respondents’ pending

petition assailing the dismissal by the RTC of Manila, Branch 33, of the consolidated petitions for certiorari filed by private respondents and the City of Manila on the ground of forum shopping. The propriety of the issuance of the restraining order and the writ of preliminary injunction is but a mere incient to the actual controversy which is rooted in the assertion of the conflicting rights of the parties in this case over the disputed premises. In order to determine whether private respondents are entitled to the injunctive reliefs granted by respondent CA, we deemed it proper to extract the source of discord. Petitioner anchors its claim by virtue of its ownership over the properties and the existence of a final and executory judgment against private respondents ordering the latter’s ejectment from the premises. Private respondents’ claim on the other hand hinges on an alleged supervening event which has rendered the enforcement of petitioner’s rights moot, that is, the expropriation proceedings undertaken by the City of Manila over the disputed premises for the benefit of herein private respondents. For its part, the City is merely exercising its power of eminent domain within its jurisdiction by expropriating petitioner’s properties for public use. There is no dispute as to the existence of a final and executory judgment in favor of petitioner ordering the ejectment of private respondents from the properties subject of this dispute. The judgment in the ejectment suit became final after private respondents failed to interpose any appeal from the adverse decision of CA. Petitioner has every right to assert the execution of this decision as it had already became final and executory. However, it must also be conceded that the City of Manila has an undeniable right to exercise its power of eminent domain within its jurisdiction. The right to expropriate private property for public use is expressly granted to it under Section 19 of the 1991 Local Government Code. More specifically, the City of Manila has the power to expropriate private property in the pursuit of its urban land reform and housing program as explicitly laid out in the Revised Charter of the City of Manila (R.A. No. 409). In fact, the City of Manila’s right to exercise these prerogatives notwithstanding the existence of a final and executory judgment over the property to be expropriated has been upheld by this Court in the case of Philippine Columbian Association vs. Panis. Corollary to the expanded notion of public use, expropriation is not anymore confined to vast tracts of land and landed estate. It is therefore of no moment that the land sought to be expropriated in this case is less than the half a hectare only. Through the years, the public use requirement in eminent domain has evolved into a flexible concept, influenced by changing conditions. Public use now includes the broader notion of indirect public benefit or advantage, including a particular, urban land reform and housing.” We take judicial notice of the fact that urban land reform has become a paramount task in view of the acute shortage of decent housing in urban areas. Nevertheless, despite the existence of a serious dilemma, local government units are not given an unbridled authority when exercising their power of eminent domain in pursuit of solutions to these problems. The basic rules still have to be followed, which are as follows: “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws; private property shall not be taken for public use without just compensation”. Thus the exercise by local government units of the power of eminent domain is not without limitations. Where on-site development is found more practicable and advantageous to the beneficiaries, the priorities mentioned in this section shall not apply. The local government units shall give budgetary priority to on-site development of government lands. Very clear from the provisions are the limitations with respect to the order of priority in acquiring private lands and in resorting to expropriation proceedings as means to acquire the same. Private lands rank last in the order of priority for purposes of socialized housing. In the same vein, expropriation proceedings are to be resorted to only when the other modes of acquisition have been exhausted. Compliance with these conditions must be deemed mandatory because these are the only safeguards in securing the right of owners of private property to due process when their property is expropriated for public use. Proceeding from the parameters laid out in the above disquisitions, we now pose the crucial question: Did the city of Manila comply with the abovementioned conditions when it expropriated petitioner’s properties? We have carefully scrutinized the records of this case and found nothing that would indicate the respondent City of Manila complied with Sec. 9 and Sec. 10 of R.A. 7279. Petitioners’ properties were expropriated and ordered condemned in favor of the City of Manila sans any showing that resort to the acquisition of other lands listed under Sec. 9 of

RA 7279 have proved futile. Evidently, there was a violation of petitioner Filstream’s right to due process which must accordingly be rectified. Indeed, it must be emphasized that the State has a paramount interest in exercising its power of eminent domain for the general good considering that the right of the State to expropriate private property as long as it is for public use always takes precedence over the interest of private property owners. However we must not lose sight of the fact that the individual rights affected by the exercise of such right are also entitled to protection, bearing in mind that the exercise of this superior right cannot override the guarantee of due process extended by the law to owners of the property to be expropriated. In this regard, vigilance over compliance with the due process requirements is in order.