Consti 2 - UP Law SecC 2014 Case Digests

(1)

UP Law SecC 2014 UP Law SecC 2014

Constitutional Law 2 Digests Constitutional Law 2 Digests

People vs Jalosjos

G.R. Nos. 132875-76. February 3, 2000

Ponente

: Ynares-Santiago: Ynares-Santiago

One-Liner

: Romeo, who was convicted of rape and acts of : Romeo, who was convicted of rape and acts of l

lasasciciviviouousnsnesess, s, wawantnts s to to didiscschahargrge e hihis s dudutities es aas s aa congressman; SC said this can’t be so because it would be a congressman; SC said this can’t be so because it would be a mockery of the penal system.

mockery of the penal system.

Facts

: : The The accaccuseused-apd-appelpellanlant, t, RomRomeo eo JalJalosjosjos, os, is is a a fulfull- l-fledged member of Congress who is confined at the national fledged member of Congress who is confined at the national penit

penitentiary while his entiary while his convicconviction for statutory rape and acts tion for statutory rape and acts of of lasciviousness is pending appeal. He filed a motion asking that lasciviousness is pending appeal. He filed a motion asking that he

he be be allalloweowed d to to disdischacharge his rge his dutiduties es as as a a ConCongregressmassman,n, i

incncluludiding ng atattetendndanance ce aat t lelegigislslatativive e sesessssioions ns anandd committ

committee ee meetinmeetings gs despidespite te his his havinhaving g been been convicconvicted ted of of aa non-bailable offense.

non-bailable offense.

His main argument is the "mandate of sovereign will", His main argument is the "mandate of sovereign will", as the electorate of the 1st District of Zamboanga del Norte as the electorate of the 1st District of Zamboanga del Norte chose him as their representative. Having been re-elected by chose him as their representative. Having been re-elected by his constituents, he has the duty to perform the functions of a his constituents, he has the duty to perform the functions of a Co

Congngreressssmaman. n. He He adadds ds ththat at it it cacannnnot ot be be dedefefeatated ed byby insuperable procedural restraints arising from pending criminal insuperable procedural restraints arising from pending criminal cases.

cases.

He avers that his constituents in the First District of He avers that his constituents in the First District of Zamboanga del Norte want their voices to be heard and that Zamboanga del Norte want their voices to be heard and that since he is treated as

since he is treated as bona fidebona fide member of the HR, the latter member of the HR, the latter ur

urgeges s a a coco-e-eququal al brbrananch ch of of gogovevernrnmenment t to to rerespspecect t hihiss ma

mandndatate. e. He He alalso so clclaiaims ms thathat t ththe e coconcncepept t of of tetempmpororaryary detention does not necessarily curtail his duty to discharge his detention does not necessarily curtail his duty to discharge his ma

mandndatate e anand d ththat at he he hahas s alalwwayays s cocompmplilied ed wiwith th ththee conditions/restrictions when he is allowed to leave jail.

conditions/restrictions when he is allowed to leave jail. Iss

Issuesues:: (1) Sho(1) Should he be allould he be allowed to diswed to dischacharge manrge mandatdate ase as member of

member of House of House of Representatives? Representatives? (NO)(NO) (2

(2) ) DoDoes es bebeining g an an elelecectitive ve ofoffificicial al reresusult lt in in aa substantial distinction that allows different treatment? Is being substantial distinction that allows different treatment? Is being a Congressman a substantial differentiation which removes the a Congressman a substantial differentiation which removes the accused-appellant as a prisoner from the same class as all accused-appellant as a prisoner from the same class as all persons validly confined under law? (NO)

persons validly confined under law? (NO)

Ratio

: : (1) El(1) Election ection is this the expre expression ession of the of the soveresovereign pign power ower o

of f ththe e pepeopoplele. . HoHowweveverer, , in in spspitite e of of itits s iimpmporortatancnce,e, the privileges and rights arising from having been elected may the privileges and rights arising from having been elected may be enlarged or restricted

be enlarged or restricted by law.by law.

The immunity from arrest or detention of Senators and The immunity from arrest or detention of Senators and memb

members of the Housers of the House of e of reprepresresentaentativetives arises arises from as from a pro

provisvision ion of of the the ConConstistitutitution. on. ThiThis s proprovisvision ion gragrantinting ng anan exemption as a special privilege cannot be extended beyond exemption as a special privilege cannot be extended beyond the ordinary meaning of its terms. It may not be extended by the ordinary meaning of its terms. It may not be extended by intendment, implication or equitable considerations.

intendment, implication or equitable considerations.

The accused-appellant has not given any reason why The accused-appellant has not given any reason why he should be exempted from the operation of Sec. 11, Art. VI he should be exempted from the operation of Sec. 11, Art. VI of the Constituti

of the Constitution. The on. The membermembers s of Congress cannot of Congress cannot compelcompel ab

absesent nt memembmberers s to to attattenend d sesessissionons s if if ththe e rereasason on fofor r thethe a

absbsenence ce is is a a llegegititimimatate e onone. e. ThThe e coconnfifinnememenent t of of aa C

Conongrgresessmsman an chchaargrged ed wwitith h a a crcriime me pupunnisishahablble e byby imprisonment of more than 6 years is not merely authorized by imprisonment of more than 6 years is not merely authorized by law, it has constitutional foundations.

law, it has constitutional foundations. T

To o allow accused-apallow accused-appellapellant nt to to attend congressionattend congressionalal sessions and committee meetings for 5 days or more in a week sessions and committee meetings for 5 days or more in a week wi

will ll vivirtrtuaualllly y makmake e hihim m a a frfree ee maman n wiwith th alall l the the prprivivililegegeses

appurtenant to his position. Such an aberrant situation not only appurtenant to his position. Such an aberrant situation not only elevates accused-appellant’s status to that of a special class, it elevates accused-appellant’s status to that of a special class, it also would be a mockery of the purposes of the correction also would be a mockery of the purposes of the correction system.

system.

When the voters of his district elected the him, they When the voters of his district elected the him, they did so with full awareness of the limitations on his freedom of did so with full awareness of the limitations on his freedom of action. They did so with the knowledge that he could achieve action. They did so with the knowledge that he could achieve only such legislative results which he could accomplish within only such legislative results which he could accomplish within the confines of prison.

the confines of prison.

(2) The performance of legitimate and even essential (2) The performance of legitimate and even essential duties by public officers has never been an excuse to free a duties by public officers has never been an excuse to free a person validly in prison. The duties imposed by the "mandate person validly in prison. The duties imposed by the "mandate of the people" are multifarious. The accused-appellant asserts of the people" are multifarious. The accused-appellant asserts tha

that t the duty the duty to to leglegislislate ranks higheate ranks highest st in in the hierathe hierarchy of rchy of go

govevernrnmement. nt. ThThe e acaccucusesed-ad-appppelellalant nt is is ononly ly onone e of of 252500 members of the House of Representatives, not to mention the members of the House of Representatives, not to mention the 24

24 memembmberers s of of ththe e SeSenanatete, , chcharargeged d wiwith th the the dudutities es of of legislation. Congress continues to function well in the physical legislation. Congress continues to function well in the physical absence of one or a few of its members. Never has the call of absence of one or a few of its members. Never has the call of a particular duty lifted a prisoner into a different classification a particular duty lifted a prisoner into a different classification from those others who are validly restrained by law.

from those others who are validly restrained by law.

The election to the position of Congressman is not a The election to the position of Congressman is not a rea

reasonsonablable e claclassissificaficatiotion n in in cricriminminal al law law enfenforcorcemenement. t. TheThe fu

funcnctitionons s anand d dudutities es of of ththe e ofoffifice ce arare e nonot t susubsbstatantntiaiall di

diststininctctioions ns whwhicich h lilift ft hihim m frfrom om ththe e clclasass s of of prprisisononererss in

interterruruptpted ed in in thetheir ir frefreededom om anand d rereststririctected d in in lilibeberty rty of of movemen

movement. Lawful arrest t. Lawful arrest and confinemenand confinement t are germane to are germane to thethe purposes of the law and apply to all those belonging to the purposes of the law and apply to all those belonging to the same class.

same class. Impr

Imprisoisonmenment nt is is the the resrestratraint int of of a a manman’s ’s perpersonsonalal liberty; coercion exercised upon a person to prevent the free liberty; coercion exercised upon a person to prevent the free exercise of his power of locomotion. As a punishment, it is exercise of his power of locomotion. As a punishment, it is res

restratraint by int by judjudgmegment nt of of a a coucourt rt or lawful tribuor lawful tribunalnal, , and isand is personal to the accused.

personal to the accused.

Section 9

Section 9 Eminent Domain

Eminent Domain

Republic vs Vda De Castellvi

G.R. No. L-20620. August 15, 1974

RA

TIO

DECIDENDIS:

The The expexpropropriariatiotion n must must be be actactualuallyly commenced in court ; The “taking” for purposes of determining commenced in court ; The “taking” for purposes of determining the jut compensation to be paid must be reckoned from the the jut compensation to be paid must be reckoned from the date the complaint for eminent domain was filed; the owner of date the complaint for eminent domain was filed; the owner of the land has the right to its value for the use of which it would the land has the right to its value for the use of which it would bring most in the market; the report of the commissioners of bring most in the market; the report of the commissioners of appraisal are not binding but merely advisory in character as appraisal are not binding but merely advisory in character as far as the court is concerned.

far as the court is concerned.

NATURE:

Appeal from the decision of the CoFI on an earlier Appeal from the decision of the CoFI on an earlier expropriation proceeding

expropriation proceeding

FACTS:

CarCarmen Vda. men Vda. De De CasCasteltelvi vi = = admiadminisnistrattratrix of rix of thethe estate of the late Alfonso de Castelvi

estate of the late Alfonso de Castelvi

•

• She entered into a contract of lease with the Republic,She entered into a contract of lease with the Republic, ren

renewaewable on ble on a a yeayear-tr-to-yo-year basis ear basis starstartinting g on on JulJuly y 1,1, 1

1994477, , oof f a a ppaarrcceel l oof f llaannd d iin n BBaarrrriio o SSaan n JJoossee,, Fl

Flororididabablalancnca, a, PaPampmpanangaga. . On On JuJune ne 3030, , 191956 56 ththee Republic, before the expiration of the contract of lease, Republic, before the expiration of the contract of lease, sought to renew the same but Carmen refused. When the sought to renew the same but Carmen refused. When the

(2)

Trusted by over 1 million members

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(3)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(4)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

UP Law SecC 2014 UP Law SecC 2014

Constitutional Law 2 Digests Constitutional Law 2 Digests

Ph

Phililipippipine ne AiAir r FoForcrce e rerefusfused ed to to vavacacate te ththe e prpropoperertyty,, Carmen wrote the Chief of Staff of the AFP but to no avail. Carmen wrote the Chief of Staff of the AFP but to no avail. Car

Carmen men thethen n insinstitutituted ted an an ejeejectmectment nt cascase. e. WhiWhile le saisaidd cas

case e is is penpendinding, g, the the RepRepublublic ic filfiled ed thithis s expexpropropriariatiotionn proceedings for the possession of lands.

(5)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(6)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(7)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 |

33 •

• The Republic prayed for the pegging of the provisionalThe Republic prayed for the pegging of the provisional val

value ue of of the land at the land at P25P259,69,600, which the 00, which the lowlower er CouCourtrt gra

grantented. d. CarCarmen men and and the the othother er intintervervenoenors, rs, such assuch as T

Toleoledo-do-GozGozun, un, filfiled ed thetheir ir sepseparaarate te motimotion on to to disdismismisss alleging that the fair market value is P15.00 per square alleging that the fair market value is P15.00 per square meter and that the overall price should be approximately meter and that the overall price should be approximately P11,389,485. The trial Court appointed 3 commissioners P11,389,485. The trial Court appointed 3 commissioners who submitted their recommendation that the lowest price who submitted their recommendation that the lowest price for the lands should be P10.00 per square meter. The for the lands should be P10.00 per square meter. The Re

Regigioonanal l TTririal al CoCouurt rt heheededed ed ththe e adadvivice ce of of ththee Com

Commissmissionioners ers and and decdeclarlared ed thathat t P10P10.00 .00 per per squsquareare meter is fair and just; thus this appeal.

meter is fair and just; thus this appeal.

ISSUES:

1)

1) W/n thW/n the trie trial Coual Court errrt erred in seed in settitting the ang the amounmount of just of justt compensation to P10 per square meter.

compensation to P10 per square meter. 2)

2) W/n thW/n the triae trial Courl Court erret erred in hold in holdinding that thg that the “tae “takinking” of g” of the

the propeproperties under rties under the expropriatithe expropriation on commenccommenceded with the filing of the action.

with the filing of the action.

HELD:

1)

1) YYes, the jes, the just coust compenmpensatisation shoon shoulduldn’t be con’t be computmputed oned on the basis of the prices in the year 1947 as the “taking” the basis of the prices in the year 1947 as the “taking” by

by ththe e StaState te of of the propthe propererty ty usiusing ng the powthe power er of of eminent domain did not commence in 1947 but only eminent domain did not commence in 1947 but only upon the institution of this action. However, the report upon the institution of this action. However, the report of the commissioners of appraisal are not binding but of the commissioners of appraisal are not binding but merely advisory in character as far as the court is merely advisory in character as far as the court is concerned. The Court in this case ruled that P5 per concerned. The Court in this case ruled that P5 per squ

square are metemeter r is is the the jusjust t compcompensensatiation, on, takitaking ng intintoo consideration the recommendation of the Provincial consideration the recommendation of the Provincial Committee on Appraisal.

Committee on Appraisal. 2)

2) NoNo, , ththerere e arare e 5 5 esessesentntiaial l rereququisisitites es to to coconsnstititututete “taking” under the eminent domain, namely:

“taking” under the eminent domain, namely: (a

(a)) mumust st enenteter r prprivivatate e prpropopererty ty -- prpresesenent t in in ththee in

inststanant t cacase se wwhehen n by by vivirtrtue ue oof f ththe e lleaeasese ag

agrereemeement nt ththe e ReRepupublblicic, , vivia a ththe e AFAFPP, , tootookk possession of the property of Castelvi.

possession of the property of Castelvi. (b

(b)) mumust be for morst be for more than a e than a momomementntarary periy period -od

-wanting in this case as the lease was for a period wanting in this case as the lease was for a period of one year, renewable from year to year and of one year, renewable from year to year and th

thus us ththererefeforore e ththe e enentrtry y on on ththe e prpropopererty ty isis tempora

temporary and considery and considered transitored transitoryry. . The AFThe AFPP claims that the real intention of the lessee (the claims that the real intention of the lessee (the Republic) was to occupy the land permanently. Republic) was to occupy the land permanently. The Court held that the “intention” cannot prevail The Court held that the “intention” cannot prevail over the clear and express terms of the lease over the clear and express terms of the lease contract. If the intention of the lessee in 1947 was contract. If the intention of the lessee in 1947 was to really occupy the land permanently, why was to really occupy the land permanently, why was the contract of lease entered into on a the contract of lease entered into on a year-to-ye

year ar babasisis? s? WhWhy y alalso so dididndn’t ’t ththe e ReRepupublblicic expropriate the land in 1949 when it expropriated expropriate the land in 1949 when it expropriated the other lands it occupied?

the other lands it occupied?

Even if it really was the intention of the Republic Even if it really was the intention of the Republic to expropriate the land at some future time, mere to expropriate the land at some future time, mere or implied notice of an intention on the part of the or implied notice of an intention on the part of the Republic to expropriate t lands in the future did Republic to expropriate t lands in the future did not, and could not, bind the landowner, nor bind not, and could not, bind the landowner, nor bind the land itself. The expropriation must be actually the land itself. The expropriation must be actually

(e)

(e) UtiUtilizlizatioation of propen of property for purty for publiblic use must be inc use must be in such a way as to oust the owner and deprive him such a way as to oust the owner and deprive him of all ben

of all beneficeficial enial enjoyjoyment of the proment of the properperty ty - -Castelvi was not ousted or deprived of all the Castelvi was not ousted or deprived of all the beneficial enjoyment of the property because she beneficial enjoyment of the property because she was still the owner and the State still paid her was still the owner and the State still paid her rent.

rent.

Therefore, the “taking”

Therefore, the “taking” of the Castelvi of the Castelvi property property for thefor the purposes of eminent domain cannot be considered to purposes of eminent domain cannot be considered to have taken place in 1947.

have taken place in 1947. 3)

3) ThThe e CoCoururt t didid d nonot t acaccecept the Repupt the Republblicic’s con’s contetentintionon that a lease on a year to year basis can give rise to that a lease on a year to year basis can give rise to permanent right to occupy since by express provision permanent right to occupy since by express provision a lease made for a determinate time ceases upon the a lease made for a determinate time ceases upon the day fixed without a need of a demand (Art 1669, Civil day fixed without a need of a demand (Art 1669, Civil Code)

Code) 4)

4) It canIt cannot alnot also be saso be said, as tid, as the Rehe Repubpubliclic’s co’s contententintion,on, that the right of eminent domain may be exercised by that the right of eminent domain may be exercised by simply leasing the premises to be expropriated.

simply leasing the premises to be expropriated. 5)

5) The owThe owner oner of the laf the land hand has the ris the right to ight to its valts value for tue for thehe use of which it would bring most in the market and use of which it would bring most in the market and thus it was appropriate that Castelvi showed that the thus it was appropriate that Castelvi showed that the land was suitable for division into village or town lots land was suitable for division into village or town lots (the land was classified as residential and taxes were (the land was classified as residential and taxes were pai

paid d basbased ed on on sucsuch h claclassissificficatiation, on, the the loclocatiation on isis suitable for a residential subdivision, plans to turn it suitable for a residential subdivision, plans to turn it into subdivision) into subdivision)

People vs Jalosjos

G.R. Nos. 132875-76. February 3, 2000 G.R. Nos. 132875-76. February 3, 2000 Ponente: Ynares-Santiago Ponente: Ynares-Santiago

One-Liner: Romeo, who was convicted of rape and acts of One-Liner: Romeo, who was convicted of rape and acts of lasciviousness, wants to discharge his duties as a

lasciviousness, wants to discharge his duties as a

congressman; SC said this can’t be so because it would be a congressman; SC said this can’t be so because it would be a mockery of the penal system.

mockery of the penal system. Fac

Facts: ts: The The accaccuseused-ad-appeppellallant, nt, RomRomeo eo JalJalosjosjos, os, is is a a fulfull- l-fledged member of Congress who is confined at the national fledged member of Congress who is confined at the national penite

penitentiary while ntiary while his conviction for statutory rape and acts his conviction for statutory rape and acts of of lasciviousness is pending appeal. He filed a motion asking that lasciviousness is pending appeal. He filed a motion asking that he

he be be allalloweowed d to to disdischacharge his rge his dutduties as ies as a a ConCongregressmssman,an, in

inclclududining g atattetendndaancnce e at at llegegisislalatitive ve sesessssioions ns anandd committe

committee e meetinmeetings gs despitdespite e his his having been having been conviconvicted cted of of aa non-bailable offense.

non-bailable offense.

His main argument is the "mandate of sovereign will", His main argument is the "mandate of sovereign will", as the electorate of the 1st District of Zamboanga del Norte as the electorate of the 1st District of Zamboanga del Norte chose him as their representative. Having been re-elected by chose him as their representative. Having been re-elected by his constituents, he has the duty to perform the functions of a his constituents, he has the duty to perform the functions of a Co

Congngreressssmaman. n. He He adadds ds ththat at it it cacannnnot ot be be dedefefeatated ed byby insuperable procedural restraints arising from pending criminal insuperable procedural restraints arising from pending criminal cases.

cases.

He avers that his constituents in the First District of He avers that his constituents in the First District of Zamboanga del Norte want their voices to be heard and that Zamboanga del Norte want their voices to be heard and that since he is treated as

since he is treated as bona fidebona fide member of the HR, the latter member of the HR, the latter ur

urgeges s a a coco-e-eququal al brbrananch ch of of gogovevernrnmenment t to to rerespspecect t hihiss man

mandadate. te. He He alalso so clclaiaims ms ththat at the the coconcncepept t of of temtempoporararyry detention does not necessarily curtail his duty to discharge his detention does not necessarily curtail his duty to discharge his

nd

(8)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(9)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(10)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

4

| Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014

persons validly confined under law? (NO)

persons validly confined under law? (NO) Ratio:

Ratio: (1) (1) Election Election is is the the expression expression of of the the sovereign sovereign power power of the people. However, in spite of its importance,

of the people. However, in spite of its importance,

the privileges and rights arising from having been elected may the privileges and rights arising from having been elected may be enlarged or restricted

be enlarged or restricted by law.by law.

The immunity from arrest or detention of Senators and The immunity from arrest or detention of Senators and memb

members of the Housers of the House of e of reprepresresentaentativetives arises arises from as from a pro

provisvision ion of of the the ConConstistitutitution. on. ThiThis s proprovisvision ion gragrantinting ng anan exemption as a special privilege cannot be extended beyond exemption as a special privilege cannot be extended beyond the ordinary meaning of its terms. It may not be extended by the ordinary meaning of its terms. It may not be extended by intendment, implication or equitable considerations.

intendment, implication or equitable considerations.

The accused-appellant has not given any reason why The accused-appellant has not given any reason why he should be exempted from the operation of Sec. 11, Art. VI he should be exempted from the operation of Sec. 11, Art. VI of the Constituti

of the Constitution. The on. The membermembers s of Congress cannot of Congress cannot compelcompel ab

absesent nt memembmberers s to to attattenend d sesessissionons s if if ththe e rereasason on fofor r thethe a

absbsenence ce is is a a llegegititimimatate e onone. e. ThThe e coconnfifinnememenent t of of aa C

Conongrgresessmsman an chchaargrged ed wwitith h a a crcriime me pupunnisishahablble e byby imprisonment of more than 6 years is not merely authorized by imprisonment of more than 6 years is not merely authorized by law, it has constitutional foundations.

law, it has constitutional foundations. T

To o allow accused-apallow accused-appellapellant nt to to attend congressionattend congressionalal sessions and committee meetings for 5 days or more in a week sessions and committee meetings for 5 days or more in a week wi

will ll vivirtrtuaualllly y makmake e hihim m a a frfree ee maman n wiwith th alall l the the prprivivililegegeses appurtenant to his position. Such an aberrant situation not only appurtenant to his position. Such an aberrant situation not only elevates accused-appellant’s status to that of a special class, it elevates accused-appellant’s status to that of a special class, it also would be a mockery of the purposes of the correction also would be a mockery of the purposes of the correction system.

system.

When the voters of his district elected the him, they When the voters of his district elected the him, they did so with full awareness of the limitations on his freedom of did so with full awareness of the limitations on his freedom of action. They did so with the knowledge that he could achieve action. They did so with the knowledge that he could achieve only such legislative results which he could accomplish within only such legislative results which he could accomplish within the confines of prison.

the confines of prison.

(2) The performance of legitimate and even essential (2) The performance of legitimate and even essential duties by public officers has never been an excuse to free a duties by public officers has never been an excuse to free a person validly in prison. The duties imposed by the "mandate person validly in prison. The duties imposed by the "mandate of the people" are multifarious. The accused-appellant asserts of the people" are multifarious. The accused-appellant asserts tha

that t the duty the duty to to leglegislislate ranks higheate ranks highest st in in the hierathe hierarchy of rchy of go

govevernrnmenment. t. ThThe e acaccucusesed-ad-appppelellalant nt is is ononly ly onone e of of 252500 member

members of s of the House of the House of RepresRepresentatientatives, not to ves, not to mention themention the 24

24 memembembers rs of of the the SeSenanatete, , chcharargeged d wiwith th ththe e dudutieties s of of legislation. Congress continues to function well in the physical legislation. Congress continues to function well in the physical absence of one or a few of its members. Never has the call of absence of one or a few of its members. Never has the call of a particular duty lifted a prisoner into a different classification a particular duty lifted a prisoner into a different classification from those others who are validly restrained by law.

from those others who are validly restrained by law.

The election to the position of Congressman is not a The election to the position of Congressman is not a rea

reasonsonablable e claclassissificficatioation n in in cricriminaminal l law law enfenforcorcemenement. t. TheThe fu

funcnctitionons s anand d dudutities es of of ththe e ofoffifice ce arare e nonot t susubsbstatantntiaiall di

diststininctctioions ns whwhicich h lilift ft hihim m frfrom om ththe e clclasass s of of prprisisononererss in

inteterrurruptepted d in in ththeieir r frfreeeedodom m anand d rerestrstricicteted d in in lilibeberty rty of of movement. Lawful arrest and confinement are germane to the movement. Lawful arrest and confinement are germane to the purposes of the law and apply to all those belonging to the purposes of the law and apply to all those belonging to the same class.

same class. Impr

Imprisoisonmenment nt is is the the resrestraitraint nt of of a a manman’s ’s perpersonsonalal liberty; coercion exercised upon a person to prevent the free liberty; coercion exercised upon a person to prevent the free exercise of his power of locomotion.

exercise of his power of locomotion. As As a a punishment, punishment, it it isis res

restratraint by int by judjudgmegment nt of a of a coucourt rt or or lawlawful tribunful tribunal, and al, and isis personal to the accused.

personal to the accused.

other was used as their residence. In 1979, the government other was used as their residence. In 1979, the government filed an expropriation case for the said land, but was dismissed filed an expropriation case for the said land, but was dismissed by the SC on the ground that the choice of area was arbitrary. by the SC on the ground that the choice of area was arbitrary. In 1982, the land was auctioned off to the spouses Babiera and In 1982, the land was auctioned off to the spouses Babiera and spouses Sangalang since the De Knechts failed to pay their spouses Sangalang since the De Knechts failed to pay their real estate taxes. Petitioners failed to pay within one year, so real estate taxes. Petitioners failed to pay within one year, so both spouses filed a petition for registration as owners of the both spouses filed a petition for registration as owners of the land which the court granted. Then both spouses sold the land land which the court granted. Then both spouses sold the land to Salem Investment Corporation (Salem).

to Salem Investment Corporation (Salem). On

On FeFebrbruauary ry 1717, , 19198383, , BP BP BlBlg g 34340 0 wawas s papassessedd authorizing the government to expropriate certain properties in authorizing the government to expropriate certain properties in Pasay for the EDSA extension, one of which is the assailed Pasay for the EDSA extension, one of which is the assailed pro

properpertyty. . The The KneKnechtchts s filfiled ed a a civcivil il cascase e for for recreconvonveyaeyancence,, an

annunulmlmenent t of of tatax x sasalele, , anand d tititltles es of of ththe e BaBabibiereras as anandd Sangalangs. Although the petitioners presented their evidence, Sangalangs. Although the petitioners presented their evidence, th

they ey faifaileled d to to atattetend nd the the fifinanal l heheararining, g, anand d wewere re alwalwayayss requesting for postponement. The court dismissed the court on requesting for postponement. The court dismissed the court on the ground of “lack of interest”. The petition became final in the ground of “lack of interest”. The petition became final in Fe

Febrbruauary ry 19199090. . 3 3 monmonths ths lalaterter, , ththe e gogovevernrnmenment t fifileled d for for determination of just compensation of lands in BP 340. The determination of just compensation of lands in BP 340. The tr

triaial l cocoururt t isissusued a ed a wrwrit it of of popossssesessisionon, , anand d 7 7 of of ththe e DeDe Knechts’s houses were demolished. After, the trial court issued Knechts’s houses were demolished. After, the trial court issued an order fixing the compensation of all the lands, but didn’t an order fixing the compensation of all the lands, but didn’t include the improvements. Because of this, the De Knechts include the improvements. Because of this, the De Knechts filed a motion for recovery of ownership and possession of the filed a motion for recovery of ownership and possession of the property, and also a motion for intervention and to implead property, and also a motion for intervention and to implead additional parties. The trial court dismissed their motion for additional parties. The trial court dismissed their motion for intervention after learning that they had no legal interest on the intervention after learning that they had no legal interest on the property.

property.

Issues:

1. WON the Knechts had a right to intervene over the subject 1. WON the Knechts had a right to intervene over the subject property in the civil case.

property in the civil case.

2. WON the case was an expropriation proceeding and not just 2. WON the case was an expropriation proceeding and not just a case to determine just compensation.

a case to determine just compensation.

Holding/Ratio:

1. No. The petitioners are assailed that they didn’t know the tax 1. No. The petitioners are assailed that they didn’t know the tax delinquency and subsequent proceedings until 1983, thus, they delinquency and subsequent proceedings until 1983, thus, they didn’t get to redeem the property after 1 year. But, the claim of didn’t get to redeem the property after 1 year. But, the claim of lack of notice is a factual question which has already been lack of notice is a factual question which has already been answ

answereered d by by the trial courthe trial court t and the and the CA. Res CA. Res judjudicaicata ta hashas already set in. Since the lower courts dismissed the case for already set in. Since the lower courts dismissed the case for lack of interest, without qualification that it is without prejudice, lack of interest, without qualification that it is without prejudice, the dismissal is regarded as an adjudication of merits and is the dismissal is regarded as an adjudication of merits and is with prejudice. Even if they assail that they are not owners, but with prejudice. Even if they assail that they are not owners, but we

were re ststayayining g in in ththe e lalandnd, , thethey y stistill ll dodon’n’t t hahave ve a a ririghght t toto intervene. In the absence of procedure in the law, reference is intervene. In the absence of procedure in the law, reference is made in the provisions of eminent domain in Rule 67 in the made in the provisions of eminent domain in Rule 67 in the Rev

Reviseised d RulRules es of of CouCourt. The rt. The powpower er of of emieminennent t domdomain isain is exercised by every person having an estate or interest at law exercised by every person having an estate or interest at law or in equity in the land taken is entitled to share in the award. or in equity in the land taken is entitled to share in the award. The Knechts lost whatever right or title they have over the land The Knechts lost whatever right or title they have over the land after the Court dismissed the reconveyance case. They had no after the Court dismissed the reconveyance case. They had no leg

legal al intintereerest st in in the the proproperperty ty by by the the time the time the expexpropropriariatiotionn proceedings were instituted.

proceedings were instituted.

2. Yes. It was in the exercise of the state's power of eminent 2. Yes. It was in the exercise of the state's power of eminent domain under

domain under B.PB.P. . Blg. Blg. 340 that 340 that expropexpropriatioriation n proceproceedingsedings were instituted against the owners of the lots sought to be were instituted against the owners of the lots sought to be expropriated. B.P. Blg. 340 did not, by itself, lay down the expropriated. B.P. Blg. 340 did not, by itself, lay down the

(11)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(12)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(13)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014 |

55 "Section 1. The complaint. — The right of eminent domain shall

"Section 1. The complaint. — The right of eminent domain shall be exercised by the filing of a complaint which shall state with be exercised by the filing of a complaint which shall state with certainty the right and purpose of condemnation, describe the certainty the right and purpose of condemnation, describe the real or personal property sought to be condemned, and join as real or personal property sought to be condemned, and join as defendants all persons owning or claiming to own, or

defendants all persons owning or claiming to own, or

occupying, any part thereof or interest therein, showing, so far occupying, any part thereof or interest therein, showing, so far as practicable, the interest of each defendant separately. If the as practicable, the interest of each defendant separately. If the title to any property sought to be condemned appears to be in title to any property sought to be condemned appears to be in the Republic of the Philippines, although occupied by private the Republic of the Philippines, although occupied by private individuals, or if the title is otherwise obscure or doubtful so individuals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who that the plaintiff cannot with accuracy or certainty specify who are the real owners, averment to that effect may be made in are the real owners, averment to that effect may be made in the complaint."

the complaint."

RD:

In an expropriation case, any person with a legal interestIn an expropriation case, any person with a legal interest of the land can file a complaint against the government, not of the land can file a complaint against the government, not only the owners of the land.

only the owners of the land.

Republic vs Tagle

December 2, 1998 December 2, 1998

Overview: The current case involves one of eminent domain. It

focu

focuses on ses on the correct procedure required under the correct procedure required under ExecExecutivutivee

Order No. 1035 specifically on whether an issuance of a writ of

possession

possession is is proper proper when when the the land land to to be be expropriated expropriated isis

already under the control of the government agency seeking to

invoke eminent domain.

THE FACTS

Executive Order No. 1035 – The EO was enacted to facilitate Executive Order No. 1035 – The EO was enacted to facilitate gov

governernment ment acqacquisuisitiition on of of priprivate propervate property ty to to be be useused d for for infrastructure or other development projects. According to its infrastructure or other development projects. According to its Sec

Sectiotion n 7, 7, whewhen n negnegotiotiatiations ons betwbetween een the the parpartieties s faifail, l, thethe go

govevernrnmenment t agagenency cy ininvovolvlved ed hahas s auauththorority ity to to ininststitituteute expropriation proceedings through the Office of the Solicitor expropriation proceedings through the Office of the Solicitor General. The courts shall give priority to these types of cases. General. The courts shall give priority to these types of cases. The just compensation will be determined by P.D. 1533 and The just compensation will be determined by P.D. 1533 and 10% of it shall be deposited. After which, a writ of possession 10% of it shall be deposited. After which, a writ of possession should be executed within 5 days of the deposit.

should be executed within 5 days of the deposit.

The cause stems from a dispute over 2 parcels of The cause stems from a dispute over 2 parcels of land in Dasmarinas Cavite which is 483,331 square meters land in Dasmarinas Cavite which is 483,331 square meters ow

ownened d by by HeHelelena na Z. Z. BeBeninitetez. z. (a(alslso o PhPhililipippipine ne WoWomemen’sn’s University I think but the case doesn’t explain their connection) University I think but the case doesn’t explain their connection)

In

In SeSeptptemembeber r 19198282, , ththe e GoGovevernrnmement nt ththrorougughh Phili

Philippine Human ppine Human ResourResources ces DevelDevelopment Center opment Center (PHRDC(PHRDC he

hencncefoeforthrth), ), unundeder r the the MiMininiststry ry of of HuHuman man SeSettlttlememenents,ts, coo

coordirdinatnated ed witwith h the the JapJapaneanese se IntInternernatiationaonal l CooCooperperatiationon Agency

Agency (JICA) (JICA) to to establish establish the the ASEAN ASEAN Human Human ResourcesResources Dev

Develoelopmenpment t ProProjecject t herhere e in in the countrthe countryy. . One of One of the mainthe main pro

progragrams, ms, ProgProgram ram III, III, aimaimed ed to to estaestabliblish sh a a ConConstrustructictionon Manpower Development Center (now under the DTI).

Manpower Development Center (now under the DTI).

From here, it would be better to narrate the facts in From here, it would be better to narrate the facts in bullets

bullets

*Ma

*March rch 30, 30, 1981983 3 – – MemoMemoranrandum dum of Agreemof Agreement ent betwbetweeneen

*Dece

*December 3, mber 3, 1983 – PWU 1983 – PWU (only) entere(only) entered into d into a contract of a contract of lease according to the memorandum agreement. The land to lease according to the memorandum agreement. The land to be leased is 10 hectares at 200,000 per annum with an option be leased is 10 hectares at 200,000 per annum with an option to renew it for a period not to exceed 20 years.

to renew it for a period not to exceed 20 years.

*December 1984 – Benitez executed deed of donation in favor *December 1984 – Benitez executed deed of donation in favor of PWU of the land. This means that when PWU entered into of PWU of the land. This means that when PWU entered into the lease agreement, it still had no right to and it was Benitez the lease agreement, it still had no right to and it was Benitez who owned the land, but this wasn’t a factor in the case.

who owned the land, but this wasn’t a factor in the case. *Janu

*January 1, ary 1, 1988 – 1988 – Lease expiresLease expires, negotiation, negotiations begin s begin for thefor the purchase of the land by PHRDC.

purchase of the land by PHRDC. *A

*Augugusust t 2121, , 191989 89 – – BeBeninitetez z adadvivisesed d PHPHRDRDC’s C’s gegenenerarall manager to pursue the sale of the 7 hectare property for 70php manager to pursue the sale of the 7 hectare property for 70php per square meter.

per square meter. *F

*Febebruruary ary 4, 4, 191991 91 – – BeBeninitetez z coconfnfirirmed med ththe e poposisitition on anandd willingness of the University to sell the land.

willingness of the University to sell the land.

*February 4 onwards – PHRDC prepared the necessary deed *February 4 onwards – PHRDC prepared the necessary deed of

of sasalele, , BeBeninitetez z as as vevendndor or anand d PHPHRDRDC C anand d CMCMDF DF asas vendees. As of July 1, 1989, PHRDC stopped the payment of vendees. As of July 1, 1989, PHRDC stopped the payment of rentals because of the ongoing negotiations for purchase. rentals because of the ongoing negotiations for purchase. August 15, 1995 – Benitez

August 15, 1995 – Benitez did not sign the deed of sale and did not sign the deed of sale and onon this date sent a letter demanding the payment of rentals and this date sent a letter demanding the payment of rentals and asked that CMDF leave the premises within 30 days. Later, asked that CMDF leave the premises within 30 days. Later, Benitez filed a suit

Benitez filed a suit for unlawful detainer.for unlawful detainer.

Because of the failure of the negotiations, PHRDC Because of the failure of the negotiations, PHRDC and CMDF instituted a complaint for eminent domain under EO and CMDF instituted a complaint for eminent domain under EO 1035. Following Section 2, Rule 67 of the ROC, they deposited 1035. Following Section 2, Rule 67 of the ROC, they deposited th

the e whwholole e amamouount nt (n(not ot ononly ly 1010% % as as rereququirireded) ) in in PNPNBB amounting to 708,490. Then they filed for a motion for a writ of amounting to 708,490. Then they filed for a motion for a writ of possession. The writ was granted and the sheriff was tasked to possession. The writ was granted and the sheriff was tasked to execute it, but upon motion for reconsideration by Benitez, the execute it, but upon motion for reconsideration by Benitez, the same judge overturned the previous issuance of the writ and same judge overturned the previous issuance of the writ and q

quuaasshheed d iitt. . PPHHRRDDC C aannd d CCMMDDF F fifilleed d a a momottiioon n ffoor r reconsideration which was denied hence the current case. reconsideration which was denied hence the current case.

ISSUE

The sole issue is

The sole issue is whethwhether the er the judgejudge, by , by quashiquashing theng the wri

writ t of of pospossesssession that ion that he he himhimselself f allalloweowed, d, acteacted d in in gragraveve abuse of discretion.

abuse of discretion.

HELD

Yes, it the judge acted with grave abuse of discretion. Yes, it the judge acted with grave abuse of discretion.

RATIO

PH

PHRDRDC C anand d CMCMDF DF wewere re cocorrerrectlctly y fofollllowowining g thethe procedures for eminent domain and expropriation under EO procedures for eminent domain and expropriation under EO 103

1035. 5. WheWhen n negnegotiotiatiations ons faifailedled, , they filed they filed a a comcomplaplaint int for for eminent domain and instituted expropriation proceedings. Then eminent domain and instituted expropriation proceedings. Then they deposited, not only 10%, but the whole amount. Then the they deposited, not only 10%, but the whole amount. Then the

(14)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(15)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(16)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

6

| Constitutional Law 2 | Dean Marvic M.V.F. Leonen | Compilation of Digests | C2014

CMDF as a defense against the ejectment suit.

The judge is wrong because in issuing a writ, the The judge is wrong because in issuing a writ, the judge

judge has has only only a a ministerial ministerial duty duty and and not not a a discretionary discretionary one.one. He has

He has ththe e DUDUTY to TY to isissusue e the writhe writ t if if ththe e agagenency cy alalrereadyady deposited at least 10%. If he were to be followed, the absurd deposited at least 10%. If he were to be followed, the absurd situation would be CMDF would be ejected and then that’s situation would be CMDF would be ejected and then that’s when they will be granted the writ of possession because then, when they will be granted the writ of possession because then, they would not already have possession. This would cause they would not already have possession. This would cause unnecessary suits, plus, the expropriation of property does not unnecessary suits, plus, the expropriation of property does not only mean PHYSICAL occupation but also taking of title and only mean PHYSICAL occupation but also taking of title and rights. CMDF wanted to possess the land de facto and de jure. rights. CMDF wanted to possess the land de facto and de jure. The judge also tried to invoke JM Tuason vs. CA and The judge also tried to invoke JM Tuason vs. CA and Cuatico vs CA saying that the issuance of a writ possession Cuatico vs CA saying that the issuance of a writ possession cannot defeat a case of ejectment. However, these cases are cannot defeat a case of ejectment. However, these cases are no

not t apapplplicicabable le bebecacaususe e ththey ey ononly ly dodoctctririninizezed d ththat at ththee gover

government nment shoulshould d proviprovide de just just compencompensationsation. . They never They never said that an ejectment suit can defeat the state’s exercise of said that an ejectment suit can defeat the state’s exercise of eminent domain. eminent domain.

Napocor vs Henson

PONENTE: J. Pardo PONENTE: J. Pardo

NATURE: Appeal for certiorari from CA’s decision ordering the NATURE: Appeal for certiorari from CA’s decision ordering the Na

Natitiononal al PowPower er CoCorprpororatatioion n (N(NPCPC) ) to to pay pay rerespsponondendentsts landowners/claimants just compensation for the taking of their landowners/claimants just compensation for the taking of their five

five parcels oparcels of landf land FACTS:

FACTS:

National Power Corporation (NPC) originally instituted with the National Power Corporation (NPC) originally instituted with the

Re

Regigiononal al TTririal al CoCoururt, t, SaSan n FeFernrnanandodo, , PaPampmpananga ga aa complaint

complaint for for eminent eminent domain domain for for the the taking taking for for publicpublic us

use e of of fifive ve paparcrcelels s of of lalandnd, , owownened d or or clclaiaimemed d byby respondents, with a total aggregate area of 58,311 square respondents, with a total aggregate area of 58,311 square meters, for the expansion of the NPC Mexico Sub-Station. meters, for the expansion of the NPC Mexico Sub-Station. petitioner filed an urgent motion to fix the provisional value of petitioner filed an urgent motion to fix the provisional value of

the subject parcels of land. the subject parcels of land. respo

respondents filed a ndents filed a motion to dismiss. They did motion to dismiss. They did not challengenot challenge petitioners right to condemn their property, but declared petitioners right to condemn their property, but declared th

that at the the fafair ir mamarkerket t vavalulue e of of ththeieir r prpropopererty ty wawas s frofromm P180.00 to P250.00 per square meter.

P180.00 to P250.00 per square meter. TC: petition

TC: petitioner had er had a lawful right to a lawful right to take the take the propeproperty sought torty sought to be expropria

be expropriated. fixed the ted. fixed the provisprovisional value of ional value of the land atthe land at P100.00 per square meter, for a total area of 63,220 sq. P100.00 per square meter, for a total area of 63,220 sq. meters to be deposited with the Provincial Treasurer of meters to be deposited with the Provincial Treasurer of Pampanga (w/c petitioner in fact did).

Pampanga (w/c petitioner in fact did). TC: issue

TC: issued d a a wriwrit t of of pospossesssession in ion in favofavor r of of petpetitiitioneonerr. . thethe court’s deputy sheriff placed petitioner in possession of the court’s deputy sheriff placed petitioner in possession of the subject land.

subject land. TC:

TC: gragrantented the motiond the motions of s of resresponpondendents to ts to witwithdrahdraw thew the deposit made by petitioner of the provisional value of their deposit made by petitioner of the provisional value of their proper

property ty amountamounting to ing to P5,831P5,831,100.0,100.00, 0, with a with a balanbalance of ce of P

P690,900.00, remaining with the Provincial Treasurer of 690,900.00, remaining with the Provincial Treasurer of Pampanga. trial court issued an order appointing three (3) Pampanga. trial court issued an order appointing three (3) co

commimmissssioioneners rs to to aiaid d ththe e cocoururt t in in ththe e rerececeptptioion n of of

meters 400 php/ sq. meter. meters 400 php/ sq. meter. CA: affirmed the pricing

CA: affirmed the pricing ISSUE:

ISSUE:

WON the pricing of the lands sought to be expropriated is just WON the pricing of the lands sought to be expropriated is just HELD HELD NO. NO. RATIO: RATIO:

Parcels of land sought to be expropriated are undeniably idle, Parcels of land sought to be expropriated are undeniably idle,

un

undedevevelolopeped, d, raraw w agagriricucultlturural al lalandnd, , beberereft ft of of ananyy improvement. Except for the Henson family, all the other improvement. Except for the Henson family, all the other respondents were admittedly farmer beneficiaries under respondents were admittedly farmer beneficiaries under ope

operatiration on lanland d tratransfnsfer er of of the the DepDepartartment ment of of AgrAgrariarianan Ref

Reform. orm. HowHoweveeverr, , the the lanland d has has beebeen n re-re-claclassissified fied asas residential.

residential.

The nature and character of the land at the

time of its taking

is the principal criterion to determine

just compensati

on to the landowner

.

the value of the land at 400 php/sq. meter, which was the the value of the land at 400 php/sq. meter, which was the

se

sellllining g prpricice e of of lolots ts in in ththe e adadjajacecent nt fulfully ly dedevevelolopepedd subdivision (the Santo Domingo Village Subdivision). The subdivision (the Santo Domingo Village Subdivision). The land in question, however, was an undeveloped, idle land, land in question, however, was an undeveloped, idle land, principally agricultural in character, though re-classified as principally agricultural in character, though re-classified as residential.

residential. DISPOSITION: DISPOSITION:

SC pegged the price at 375 php/ sq. meter- w/c is in accord SC pegged the price at 375 php/ sq. meter- w/c is in accord

with Commissioner Atienza’s recommendation. with Commissioner Atienza’s recommendation.

** “Just compensation” in Art III sec. 9 shall be interpreted to ** “Just compensation” in Art III sec. 9 shall be interpreted to mean as the fair market value of the land based on its nature mean as the fair market value of the land based on its nature and character at the time of its taking.

and character at the time of its taking.

Paranaque vs VM Realty Corporation

July 20, 1998

Nature

: Petition for review on certiorari of a decision of the CA.: Petition for review on certiorari of a decision of the CA.

Ponente

: Panganiban, J.: Panganiban, J.

Facts

::   SSeepptetembmbeer r 2200, , 11999933- - TThhe e ((P) P) MMuunniicciippaalliity ty oof f P Paarraaññaaqquue e ffiilleed d aa

CO

M

PL

A

IN

T

F

OR

EXPROPRIATION

against (R) VM Realty Corporationagainst (R) VM Realty Corporation over 2 parcels of land with a combined area of about over 2 parcels of land with a combined area of about 10

10,0,000 00 sqsq. . m. m. lolocacated ted at at WaWakakas, s, San San DiDiononisisioio,, Parañaque, Metro Manila, and covered by a Torrens Parañaque, Metro Manila, and covered by a Torrens Certificate of Title. Certificate of Title. a. a. ThThis cois compmplalainint is put is pursrsuauant tont to

Sangguniang

Bay

an

Re

so

lu

ti

on

No

.

93

93 -9

-9

5,

s.

19

93

,, authorizing the expropriation “for the purpose authorizing the expropriation “for the purpose of

of allallevieviatiating ng the the livliving ing conconditditionions s of of thethe underprivileged by providing homes for the underprivileged by providing homes for the ho

homelmelesess s ththrorougugh h a a sosocicialalizized ed hohoususiningg project.”

project.” b.

(17)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

(18)

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.

Try Scribd FREE for 30 days to access over 125 million titles without ads or interruptions!

Start Free Trial

Cancel Anytime.