G.R. No. 160379 - REPUBLIC OF THE PHILIPPINES THROUGH THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, VS. COURT OF APPEALS AND ROSARIO RODRIGUEZ REYES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the undersigned deems it only to be just, fair and reasonable to adopt the market value of FOUR THOUSAND PESOS (P4,000.00) per square meter as the highest price obtaining and prevailing in 1990, the time of the taking of the property subject of the above entitled case, and fairly reasonable also to impose an additional value equivalent to 5% of the market value as fixed for severance fee. [6] On 13 April 1994, the scheduled hearing was reset to 19 May 1994, to give private respondent (plaintiff) time to consider the offer of petitioner (defendant) to amicably settle the case and to accept the just compensation of P3,200 per square meter, or a total of P2,212,600, for the 663-square meter portion of private respondent's lot. [7] On 16 May 1994, private respondent filed with the RTC an "Urgent Motion to Deposit The Amount of P2,121,600 in Court," alleging that petitioner's counsel previously manifested in open court that the amount of P2,121,600 was ready for release should the amount be acceptable to private respondent, and praying that said amount of P2,121,600 be deposited by petitioner with the trial court. [8] The RTC granted the motion in an Order dated 16 June 1994. [9] However, it was only on 21 October 1994 that petitioner deposited with the RTC Clerk of Court a Landbank check amounting to P2,121,600 as just compensation. [10] On 16 June 1994, the RTC ordered the commissioners to submit their report as soon as possible, but until the scheduled hearing on 15 July 1994, the commissioners still failed to submit their report. Upon motion of private respondent, the RTC issued an order appointing a new set of commissioners. [11] On 11 October 1994, the new commissioners submitted their report, the pertinent portions of which provide, thus: COMMISSIONERS' REPORT x x x The property litigated upon is strategically located along Recto Avenue (National Highway) which is a commercial district. Fronting it across the national highway is the Cagayan Coca Cola Plant and the Shell Gasoline Station. It adjoins an establishment known as the Palana Grocery Store and after it is the Northern Mindanao Development Bank. Three Hundred (300) meters to the west of plaintiff's property is the gigantic structure of the Gaisano City department store along Recto Avenue and Corrales Avenue Extension. Towards the eastern direction of the property are banking institution buildings and the Ororama Superstore along the national highway (Recto Avenue) and the Limketkai Commercial Complex. For purpose of affording a fair assessment of the market value of plaintiff's property, the herein Commissioners have divided the whole parcel of land into three parts, viz: Front portion along Recto Avenue measuring 21.52 meters from south to north ------------- 347.66 SQM Middle portion with a measurement of 21.52 meters ---------------------------------------------- 347.66 SQM Rear/back portion with a measurement of 21.52 meters ------------------------------------- 347.66 SQ