G.R. NO. 162288 - MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, AND AIR TRANSPORTATION OFFICE, VS. MILAGROS URGELLO. D E C I S I O N - Supreme Court E-Library

Ruling

Wherefore, judgment is rendered, ordering the defendant Bureau of Air Transportation to reconvey to the plaintiff Milagros E. Urgello that parcel of land, Lot No. 913-E-3 , subject of the conditional Deed of Sale, after payment [ sic ] by the latter of the sum of P3,105.00 as repurchase price. The plaintiff's claim for damages as well as the defendant's counterclaims are dismissed. No costs. [15] (Emphasis and underscoring supplied) On November 29, 1989, then President Aquino issued a Memorandum [16] directing the transfer of the general operations of Lahug Airport to the Mactan International Airport before the end of 1990 and the closure of the Lahug Airport thereafter. On July 31, 1990, Republic Act No. 6958, [17] the Charter of herein petitioner Mactan-Cebu International Airport Authority (MCIAA), was signed into law. On January 21, 1991 , Branch 6 of the RTC Cebu rendered a decision [18] in Civil Case No. CEB-3908 (respondent's Complaint for Injunction against the BAT and Tiongco Construction questioning the enclosure of portions of her Lot Nos. 913-E- 2 and 913-E- 4 , in which complaint MPWH impleaded Tiongco Construction as a third-party defendant) approving a Compromise Agreement entered into on January 17, 1990 by respondent on one hand, and the Republic of the Philippines, represented by the BAT which later became known as Air Transportation Office (ATO), and the Department of Public Works and Highways (DPWH) and Tiongco Construction on the other. The pertinent provisions of the Compromise Agreement read: DPWH obligates itself to immediately demolish at its own expense the concrete wall which it built traversing plaintiff's Lot [No.] 913-[E]-2 and Emerald Street in order to provide access to plaintiff's properties. x x x x Plaintiff hereby agrees to sell and DPWH agrees to purchase Lot No. 913-E[-4] . . . covering an area of One Thousand One Hundred Ninety Nine (1,199) square meters of plaintiff's lot, particularly Lot No. 913-E-4-A , at the agreed price of Six Hundred Fifty Pesos (P650.00) per square meter or a total of Seven Hundred Seventy Nine Thousand Three Hundred Fifty Pesos (P779,350.00). x x x x It is understood that DPWH and ATO will comply with the Decision rendered on January 3, 1989 by the Regional Trial Court, Branch VI, Cebu City in Civil Case No. CEB-4115 entitled "Milagros Urgello vs. Republic of the Philippines" for reconveyance of Lot No. 913-E-3. In view of the Decision of January 3, 1989, plaintiff agrees to sell and the DPWH agrees to purchase Lot [No.] 913-E-3 consisting of One Thousand Thirty Five (1,035) square meters at the agreed price of Six Hundred Fifty Pesos (P650.00) per square meter or for the total amount of Six Hundred Seventy Two Thousand Seven Hundred Fifty Pesos (P672,750.00). To avert future litigations, the parties hereby waive all their respective demands, claims, counterclaims, and third-party claims against one another with respect to the matters treated in this Agreement. The DPWH hereby agrees