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    RP (Napocor) V Heirs of Borbon 2015

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    maritepait630
    The National Power Corporation entered property owned by the heirs of Saturnino Borbon to construct power transmission lines. NAPOCOR filed for expropriation, which was granted by the trial court. On appeal, the Court of Appeals affirmed. The Supreme Court ruled that the expropriation proceedings could be discontinued if the public purpose no longer exists, but the dismissal must be on just and equitable terms. This includes compensating the landowners for disturbance from entry until restoration of possession. The case was remanded to determine proper compensation.

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    RP (Napocor) V Heirs of Borbon 2015

    Uploaded by

    maritepait630
    5 views2 pages
    The National Power Corporation entered property owned by the heirs of Saturnino Borbon to construct power transmission lines. NAPOCOR filed for expropriation, which was granted by the trial court. On appeal, the Court of Appeals affirmed. The Supreme Court ruled that the expropriation proceedings could be discontinued if the public purpose no longer exists, but the dismissal must be on just and equitable terms. This includes compensating the landowners for disturbance from entry until restoration of possession. The case was remanded to determine proper compensation.

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    RP (Napocor) v Heirs of Borbon 2015

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    The National Power Corporation entered property owned by the heirs of Saturnino Borbon to construct power transmission lines. NAPOCOR filed for expropriation, which was granted by the trial court. On appeal, the Court of Appeals affirmed. The Supreme Court ruled that the expropriation proceedings could be discontinued if the public purpose no longer exists, but the dismissal must be on just and equitable terms. This includes compensating the landowners for disturbance from entry until restoration of possession. The case was remanded to determine proper compensation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    5 views2 pages

    RP (Napocor) V Heirs of Borbon 2015

    Uploaded by

    maritepait630
    The National Power Corporation entered property owned by the heirs of Saturnino Borbon to construct power transmission lines. NAPOCOR filed for expropriation, which was granted by the trial court. On appeal, the Court of Appeals affirmed. The Supreme Court ruled that the expropriation proceedings could be discontinued if the public purpose no longer exists, but the dismissal must be on just and equitable terms. This includes compensating the landowners for disturbance from entry until restoration of possession. The case was remanded to determine proper compensation.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines vs.

    Heirs of Saturnino Borbon


    G.R. No. 165354, BERSAMIN, 12 Jan 2015

    The right of eminent domain is not unlimited, and two mandatory requirements
    should underlie the government's exercise of the power of eminent domain:
    (1) it is for a particular public purpose; and
    (2) that just compensation be paid to the property owner.
    Furthermore, the public use has evolved to include utility, advantage, or
    productivity for the benefit of the public, and the expropriating agency must
    commit to use the property pursuant to the purpose stated in the petition for
    expropriation.

    Facts:
    The National Power Corporation (NAPOCOR) entered a property in Batangas City
    in order to construct and maintain transmission lines for a power transmission
    project. The property was owned by the heirs of Saturnino Q. Borbon. NAPOCOR
    filed a complaint for expropriation in the Regional Trial Court (RTC) seeking the
    acquisition of an easement of right of way over a portion of the property. The
    respondents objected to the entry of NAPOCOR and claimed that their property
    was already classified as industrial land. The RTC constituted a panel of three
    commissioners to determine the just compensation to be paid to the respondents.
    The two commissioners submitted a joint report recommending the payment of
    P550.00/square meter for the whole lot. The third commissioner submitted a
    separate report recommending the payment of an easement fee plus damages. The
    RTC adopted the joint report and ordered NAPOCOR to pay just compensation for
    the whole area of the property. NAPOCOR appealed to the Court of Appeals (CA),
    which affirmed the decision of the RTC.

    Issue:
    Whether or not the expropriation proceedings should be discontinued or dismissed
    pending appeal.

    Ruling:
    Yes. The dismissal of the proceedings for expropriation at the instance of
    NAPOCOR is proper, but the dismissal or discontinuance of the proceedings must
    be upon such terms as the court deems just and equitable. The Court grants the
    motion to discontinue the proceedings subject to the conditions that NAPOCOR
    compensates the respondents for the disturbance of their property rights from the
    time of entry until the time of restoration of possession by paying actual or other
    compensatory damages. The case is remanded to the trial court for further
    proceedings to determine the extent of the taking, the value of the compensation to
    be paid, and other relevant matters.

    Ratio:
    The right of eminent domain is not unlimited and should be exercised for a
    particular public purpose and with the payment of just compensation to the
    property owner. Public use includes utility, advantage, or productivity for the
    benefit of the public. The expropriation proceedings should be discontinued if the
    public purpose for the expropriation no longer exists. The dismissal or
    discontinuance of the proceedings must be upon such terms as the court deems just
    and equitable. The expropriator is obliged to pay reasonable compensation to the
    landowner for the period of possession even if the proceedings are discontinued.
    The compensation should be based on what the landowner actually lost as a result
    of the dispossession of the property and its use. The case is remanded to the trial
    court for further proceedings to determine the compensation to be paid to the
    respondents.

    If the particular purpose or intent is not initiated or pursued, and is peremptorily


    abandoned, the former owners may seek the reversion of the property, subject to
    the return of the amount of just compensation received.

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