Ii-36 San Roque Realty And Development Vs Republic Of The Philippines.docx

University of the Philippines COLLEGE OF LAW Constitutional Law II |Prof. Gwen De Vera CASE DIGEST by acayson/anpichay Topic

Eminent Domain

Doctrine Case No. Case Name

There can be no valid expropriation without just compensation G.R. No. 163130 September 7, 2007 SAN ROQUE REALTY AND DEVELOPMENT CORPORATION, Petitioner vs. REPUBLIC OF THE PHILIPPINES (THROUGH THE ARMED FORCES OF THE PHILIPPINES), Respondent. NACHURA, J.

Ponente

RELEVANT FACTS    



Subject parcels of land are located in Lahug, Cebu City and were part of Lot No. 933. This lot was covered by TCT No. 11946. On September 5, 1938, this lot along with seventeen others, were the subject of an expropriation proceeding. On October 19, 1938, judge ordered initial deposit of Php 9 500 for the entry on the lands. A decision was rendered condemning the parcels of land. However, the titles were never transferred to government. Eventually the land was subdivided and new titles were issued by the Register of Deeds of Cebu. Two parcels of this new subdivided land was acquired by SRRDC. In 1995, they began constructing townhouses there. On February 22, 1986, Republic filed a case alleging it is the owner of the land subject to the 1938 decision. SRRDC claimed that it was a buyer in good faith and the expropriationw as never consummated because the government did not actually enter the land nor were the owners paid any compensation. RTC ruled in favor of SRRDC. Republic appealed to CA. CA reversed the lower court’s judgment. Hence this case. ISSUES



W/N there was a valid expropriation of the land in question

RATIO DECIDENDI ISSUE W/N there was a valid expropriation of the land in question

RATIO No 

No land can be finally and irrevocably expropriated from an unwilling owner until compensation is paid.

University of the Philippines COLLEGE OF LAW Constitutional Law II |Prof. Gwen De Vera CASE DIGEST by acayson/anpichay    

Republic failed to establish that it has paid just compensation and such compensation was received by the owners of the subject land. Even the initial deposit made by Republic was not enough to recompense the owners of the 18 expropriated lots. Government is also guilty of laches since it failed to register the subject properties in its name for a span of 56 years. The passing of RA 9443 confirms and declares valid all existing TCTs duly issued by the Register of Deeds of Cebu Province and/or Cebu City. Thus by legislative fiat, SRRDC’s titles covering the subject lots must be recognized as valid and subsisting.

RULING

WHEREFORE, premises considered, the petition is GRANTED. The August 15, 2003, Decision of the Court of Appeals is hereby REVERSED and the August 25, 1998 Decision fo the Regional Trial Court is REINSTATED. TCT Nos. 128197 and 128198, in the name of petitioner San Roque Realty and Development Corporation, are upheld and declared valid. SO ORDERED.