Republic v. Salem Investment, G.R. No. 137569, June 23, 2000 [Case Digest]

 

 

Republic v. Salem Investment,

G.R. No. 137569, June 23, 2000

Facts:

            Batas Pambansa Blg. 340 was passed authorizing the expropriation of parcels of lands in the names of defendants in this case.  Five years thereafter, Milagros and Inocentes De la Rama entered into a contract2 with intervenor Alfredo Guerrero whereby the De la Ramas agreed to sell to Guerrero the entire property.

Guerrero filed in the Regional Trial Court in Pasay City a complaint for specific performance to compel the De la Ramas to proceed with the sale. Trial court rendered decision upholding the validity of the the contract to sell and ordering the De la Ramas to execute the corresponding deed of sale covering the subject property in favor of Guerrero.

 

Issue:

            Whether or not Guerrero is entitled to receive payment of just compensation for the taking of 920 square meters of the land in question.

 

Held:

            Yes.

 

Ratio:

            The power of eminent domain is an inherent power of the State. No constitutional conferment is necessary to vest it in the State. Expropriation may be initiated by court action or by legislation. In both instances, just compensation is determined by the courts. The expropriation of lands consists of two stages. As explained in Municipality of Biñan v. Garcia:

 

The first is concerned with the determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the context of the facts involved in the suit. It ends with an order, if not of dismissal of the action, "of condemnation declaring that the plaintiff has a lawful right to take the property sought to be condemned, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of the date of the filing of the

complaint". .

 

The second phase of the eminent domain action is concerned with the determination by the court of "the just compensation for the property sought to be taken." This is done by the court with the assistance of not more than three (3) commissioners.