G.R. No. 148199 - HENRY JAMES PIKE, VS. NATIONAL POWER CORPORATION.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, defendant PIKE, in particular, and unto this Honorable Court, most respectfully prays that judgment be rendered in favor of herein defendant PIKE and ordering plaintiff: To pay defendant PIKE the fair and prevailing value of the taken land, covering an area of 14,212 square meters, with legal interest thereon, computed from the date of its actual taking without authority of law and consent; On Affirmative Defenses; and, On Prayer For Summary And/Or Judgment On The Pleadings : To require hearing thereon, with notice to plaintiff, and, thereafter, to render summary judgment and/or judgment on the pleading in favor of defendant Pike, in particular; To pay defendant PIKE the amount of P800,000.00 in terms of actual, consequential, moral, exemplary, corrective and exemplary damages; To pay defendant PIKE another amount of P150,000.00 by way of attorneys fees; To pay defendant PIKE the other amount of P25,000.00 as additional expenses of litigations. That defendant PIKE further prays for such other relief and remedies that the Honorable Court may deem it just, proper and equitable under the premises. [3] The parties submitted a Joint Memorandum [4] to the court on January 11, 1996 in which they prayed that partial judgment be rendered over a portion of the property with an area of 9,058 square meters, including the improvements thereon, at the price of P147.75 per square meter, to be paid by the respondent to the petitioner as owner thereof. On motion of the petitioner, the court issued an Order on January 12, 1996, directing the respondent to pay to the petitioner the amount of P1,338,319.50 for the portion of the property covering an area of 9,058 square meters, and a separate payment for the improvements thereon. [5] Thus, only a portion of the property with an area of 5,159 square meters was to be litigated on by the parties. The petitioner, thereafter, filed an Omnibus Motion for Leave and to Admit his Amended Answer Impleading Cross-Claims, where he claimed ownership of the remaining 5,159-square meter portion of the property. The petitioner prayed that, after due proceedings, judgment be rendered, thus: WHEREFORE, premises considered, defendant PIKE, in particular, and unto this Honorable Court, most respectfully prays that judgment be rendered in favor of herein defendant PIKE and ordering plaintiff: To pay defendant PIKE the fair and prevailing value of the taken land, covering an area of 14,212 square meters, with legal interest thereon, computed from the date of its actual taking without authority of law and consent; On Affirmative Defenses; and, On Prayer For Summary And/Or Judgment On The Pleadings : To require hearing thereon, with notice to plaintiff, and, thereafter, to render summary judgment and/or judgment on the pleading in favor of defendant Pike, in particular; On Cross-Claims: To direct plaintiff, herein plaintiff National Power Corporation, to pay and compensate, in terms of just compensation, he