Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No.73211 January 7, 1987
NATIONAL POWER CORPORATION,
petitioner,
vs.
THE INTERMEDIATE APPELLATE COURT, ALI DIMAL married to MACABANDO DIMAL, respondents.
Talib B. Umpar for respondents.
PARAS, J.:
Because one 1 of its projects caused the inundation of some 18,552 square meters of land (part of registered 46,431 square meter parcel located at Guimba, Marawi City, Lanao del Sur, owned by private respondent (with a Torrens Title granted by virtue of a PATENT from the Government) rendering said inundated portion virtually useless for the purposes of said respondents, the herein petitioner, the National Power Corporation (NPC, for short) was asked for damages by the owners of the land. To simplify matters, the NPC decided to file expropriation proceedings before the Regional Trial Court, which after hearing the report of the Commissioners appointed to ascertain the "just compensation" of the land fixed the same at the rate recommended by the Commissioners namely twelve (P12.00) pesos a square meter. On appeal to the Intermediate Appellate Court (IAC) the tribunal affirmed the judgment of the trial court, hence this Petition for Review before Us, assailing the decision of the IAC (now the Court of Appeals) on the ground that the twelve (P12.00) pesos rate was excessive and that the rate of three (P3.00) pesos per square meter, fixed by the City Assessor of Marawi City as the fair market value of the property should be the "just compensation" contemplated by the law, more specifically P.D. 76 as amended. We gave due course to the Petition. The respective memoranda of the parties having been filed, We now proceed to decide the case, and Our decision is in favor of the herein private respondents.
We rule that to pay only three (P3.00) pesos per square meter is unjust and inequitable, considering the true market value of the land. Be it noted that even the City Assessor himself as member of the Board of Commission who were tasked with the duty of fixing the "just compensation" agreed on this Twelve (P12.00) pesos rate. This in effect amended his previous assessment of Three (P3.00) pesos per square meter.
WHEREFORE, the assailed decision is hereby AFFIRMED. No costs.
SO ORDERED.
Feria (Chairman), Fernan, Alampay and Gutierrez, Jr., JJ., concur.
Footnotes
1 Agus Hydroelectric Plant.
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