NPC vs.

Diato-Bernal,
GRN 180979, Dec. 15, 2010
Facts of the Case
In order to complete the NPC's 'Dasmarinas-Zapote 230 KV
Transmission Line Project,"" the petitioner need to acquire an
easement of right of way on the lot along General Aguinaldo
Highway in Imus, Cavite owned by the respondent Teresita
Diato-Bernal. NPC negotiated with respondent for the price of
the property but the parties failed to reach an agreement; and
NAPOCOR is willing to deposit the amount of P853.72 pesos
representing the assessed value of the property for taxation
purposes. The respondent argued that the Price is grossly
inadequate that the latter would suffer an opportunity cost of
P150,000 per month by way of expected income on the
property.
Facts of the Case
The parties filed with the RTC a partial compromise
agreement whereby the same has appointed 3 commissioners
namely; Provincial Assessor Cavite, Municipal Assessor of
Imus, Soledad Zamora to assist in evaluation of the fair market
value (FMV) of the said property. The majority recommended
that that just compensation shall cost the petitioner of
P10,000 per sqm. based on its ’ fair market value dated
September 10, 1999. NPC however claims that the
Commissioner’s Valuation Report was not substantiated by
any official documents and invoking the ruling on RP vs Santos
wherein it was held that a commissioner’s report that is not
based on any documentary evidence should be disregarded
Facts of the Case
Lastly, NPC claimed that the just compensation for the
expropriated property should be P3,500 per sqm as of
January 8, 1997 based on Resolution No. 08-95 enacted by
Provincial Appraisal Committee of Cavite (PAC-Cavite)."
Issues:
1. Whether or not the resolution of the PAC-Cavite
shall prevail over the valuation report of the court-
appointed commissioners.
2. Whether or not the price as determined by the
commissioners is equal to just compensation
afforded to the expropriated property.
Ruling
1. No. The resolution of PAC- Cavite which peggged the FMV of the
property at P3,500 per sqm. can only serve as one of the factors on
the judicial evaluation of just compensation, along with several
other considerations. NPC cannot demand that the PAC-Cavite
resolution be substituted for the report of court-appointed
commissioners in consonance with the doctrine of just
compensation is essentially a judicial function.
2. No. It is a well settled rule that just compensation is to be
ascertained as of the time of the taking, which usually coincides
with the commencement of the expropriation proceedings. Where
the institution of the action precedes entry into the property, the
just compensation is to be ascertained as of the time of the filing of
the complaint. In the present case, the RTC overlooked that the
recommended just compensation was gauged as of September 10,
1999 or more than two years after the complaint was filed on
January 8, 1997. Clearly, the recommended just compensation in
the commissioners’ report is unacceptable.