Republic vs Regulto

G.R. No. 202051| April 18, 2016 | J. Peralta ISSUES & RATIO

SUMMARY: Sps. Ildefonso and Francia Regulto, registered owners of a 1. W/N the subject land was originally public land, which was
300 sq. m property in Naga City, question the acts of the DPWH in taking a converted to private property.
portion of their land for the construction of a bypass road. The government
argues that it is entitled to an easement of right-of-way under C.A. No. 141, Yes. It is undisputed that the subject property originated from and was a part
as amended, as among the conditions for the granting of the free patent to of a 7,759-square-meter property covered by free patent registered under
the original grantee of the land. The Supreme Court upheld his legal OCT No. 235. Jurisprudence settles that one of the reservations and
easement, but recognized the right of the landowners to just compensation conditions under the Original Certificate of Title of land granted by free patent
as to the remainder of the land as there was taking under the power of is that the said land is subject “to all conditions and public easements and
eminent domain. servitudes recognized and prescribed by law especially those mentioned in
Sections 109, 110, 111, 112, 113 and 114, Commonwealth Act No. 141, as
DOCTRINE: One of the reservations and conditions under the Original amended.”
Certificate of Title of land granted by free patent is that the said land is 2. W/N a legal easement existed in favor of the government.
subject “to all conditions and public easements and servitudes recognized
and prescribed by law especially those mentioned in Sections 109, 110, Yes. Section 112 of C.A. No. 141, as amended, provides that lands granted
111, 112, 113 and 114, Commonwealth Act No. 141, as amended.” by patent “shall further be subject to a right-of-way not exceeding sixty (60)
meters on width for public highways…and similar works as the Government
or any public or quasi-public service or enterprise, including mining or forest
Under C.A. 141, a legal easement of right-of-way exists in favor of the
concessionaires, may reasonably require for carrying on their business, with
Government over land that was originally a public land awarded by free
damages for the improvements only.” The Court held in NIA v. CA (395 Phil.
patent even if the land is subsequently sold to another.
48, 2000) that “a legal easement of right-of-way exists in favor of the
Government over land that was originally a public land awarded by free
patent even if the land is subsequently sold to another.”
FACTS:
 Spouses Ildefonso and Francia Regulto are the registered owners of
The government did not waive the encumbrance imposed by C.A. No. 141
a 300 sq. m property located at Mabel, Naga City, Camarines Sur. It
when it did not oppose the subdivision of the original property covered by the
is covered by Transfer Certificate of Title (TCT) No. 086-2010000231
free patent. The reservation and condition contained in the OCT of lands
and was acquired from spouses Bienvenido and Beatriz Santos.
granted by free patent is not limited by any time period. The Republic may
 The property originated from a Free Patent property, consisting of
thus appropriate the portion of the land necessary for the construction of the
7,759 sq. m, registered and covered by Original Certificate of Title
bypass road without paying for it, except for damages to the improvements.
(OCT) No. 235 dated April 14, 1956.
 In April 2011, the DPWH 2nd Engineering District of Camarines Sur
3. W/N the spouses were entitled to just compensation.
apprised the owners of the construction of its road project, the Naga
City-Milaor Bypass Road, which will traverse their property and other
Yes, over the remaining area of the property. There is taking under the
adjoining properties. The sum of P243,000 was initially offered as
power of eminent domain when the owner is actually deprived or
just compensation. This was withdrawn on the ground that the
dispossessed of his property, when there is a practical destruction or material
spouses were not entitled to such under Commonwealth Act (C.A.)
impairment of the value of his property, or when he is deprived of the
No. 141 or the Public Land Act.
ordinary use thereof.
 The Regulto spouses protested and filed a complaint for filed a
complaint for payment of just compensation, damages (with prayer
Since more than half of the property (162 sq. m) shall be devoted to the
for TRO and/or WPI) before the RTC of Naga City, Branch 62.
bypass road, there would be material impairment of the value of the property
 The Republic, through the OSG, argued that Section 112 of C.A. No.
as it will be reduced to 138 sq. m. The spouses are thus entitled to just
141 is explicit on the encumbrance imposed upon lands originally
compensation, which is the full and fair equivalent of the property taken from
covered by a free patent or any other public land patent.
its owner by the expropriator.
 The RTC ordered the payment of P243,000.00 as just compensation.
Ruling/Dispositive Portion: WHEREFORE, the petition for review on
certiorari dated July 10, 2012 filed by the Republic of the Philippines as
represented by the Department of Public Works and Highways; Engineer
Simplicio D. Gonzales, District Engineer, Second Engineering District of
Camarines Sur; and Engineer Victorino M. Del Socorro, Jr., Project Engineer,
DPWH, Baras, Canaman, Camarines Sur, is hereby PARTIALLY GRANTED.
The case is hereby REMANDED to the Regional Trial Court of Naga City,
Branch 62 for the determination of the final just compensation of the
compensable area consisting of 138 square meters, with interest thereon at
the rate of six percent (6%) per annum from the date of writ of possession or
the actual taking until full payment is made. SO ORDERED.