G.R. NO. 160656 - REPUBLIC OF THE PHILIPPINES (DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS), VS. ISMAEL ANDAYA.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, in the light of the foregoing, the Court decides as follows: a) That the plaintiff is legally entitled to its inherent right of expropriation to, viz.: 1) the lot now known as lot 3291-B-1-A, portion of lot 3291-B-1, (LRC) Psd-255693, covered by TCT No. RT-10225, with an area of 288 sq. m.; and 2) the lot now known as lot 3293-F-5-B-1, portion of lot 3293-F-5-B (LRC) Psd-230236, covered by TCT No. RT-10646, with an area of 413 sq. m., both of the Butuan City Registry of Deeds, it being shown that it is for public use and purpose --- free of charge by reason of the statutory lien of easement of right-of-way imposed on defendant's titles; b) That however, the plaintiff is obligated to pay defendant the sum of TWO MILLION EIGHT HUNDRED TWENTY THOUSAND FOUR HUNDRED THIRTY (P2,820,430.00) PESOS as fair and reasonable severance damages; c) To pay members of the Board of Commissioners, thus: for the chairman --- TWENTY THOUSAND (P20,000.00) PESOS and the two (2) members at FIFTEEN THOUSAND (P15,000.00) PESOS each; d) To pay defendant's counsel FIFTY THOUSAND (P50,000.00) PESOS as Attorney's fees; and finally, e) That the Registry of Deeds of Butuan City is also directed to effect the issuance of Transfer Certificate of Titles for the aforementioned two (2) lots in the name of the Republic of the Philippines, following the technical description as appearing in pages 6, 7, and 8 of the Commissioner's Report. NO COSTS. IT IS SO ORDERED.