Cited Laws
TL;DR — Ruling
WHEREFORE, premises considered, this Court hereby decides to declare and confirm that the [respondent] has the lawful right to take the property sought to be expropriated to the extent of eleven thousand four hundred sixty (11,460) square meters. Consequently, the [respondent] is now considered the lawful owner of that portion only of Lot No. 104, Gss-10-000286, which contained a total area of forty eight thousand four hundred seventy (48,470) square meters.
Accordingly, on August 15, 2014, respondent instituted expropriation proceedings [8] involving 11,640 square meters on Lot No. 104, Gss-10-000286, located in Barangay Basagad, Baloi, Lanao del Norte, covered by Katibayan ng Orihinal na Titulo (KOT) Blg. P-19-080, registered in the name of the late Raisa A. Dimao (Subject Property). Respondent prayed among other things, for the issuance of a writ of possession in its favor, authorizing it to enter and take possession of the subject property for the maintenance of the BATL. [9] Subsequently, respondent deposited with the Land Bank of the Philippines (LBP) the amount of P1,756,400.00, representing 100% of the Bureau of Internal Revenue (BIR) Zonal Value of the subject property. [10] Consequently, on September 2, 2014, the Regional Trial Court (RTC) of Lanao Del Norte, Branch 4 issued a writ of possession. Thus, on September 25 and 26, 2014, respondent was placed in possession of the subject property. [11] On October 1, 2014, petitioners filed an Answer [12] demanding the payment of just compensation of P113,552,000.00, with accrued interest and rentals from the time of the taking of the subject property. [13] Unfortunately, the parties failed to reach a settlement. Thus, the RTC appointed a panel of commissioners to aid it in determining just compensation. [14] Ruling of the RTC On April 16, 2018, the RTC rendered a Decision [15] granting the complaint for expropriation and awarding just compensation amounting to P49,622,050.00. The dispositive portion of the RTC ruling reads: WHEREFORE, premises considered, this Court hereby decides to declare and confirm that the [respondent] has the lawful right to take the property sought to be expropriated to the extent of eleven thousand four hundred sixty (11,460) square meters. Consequently, the [respondent] is now considered the lawful owner of that portion only of Lot No. 104, Gss-10-000286, which contained a total area of forty eight thousand four hundred seventy (48,470) square meters. Considering that the [respondent] deposited only One Million Seven Hundred Fifty Six Thousand Four Hundred (P1,756,400.00) Pesos, the [respondent] is hereby directed to deposit the deficiency in the amount of Forty Seven Million Eight Hundred Sixty [F]ive Thousand Six Hundred Fifty (P47,865,650.00) Pesos to the account of Rasmia D. Dimaciling as representative of the [petitioners]. The Registry of Deeds for the Province of Lanao del Norte is hereby directed to annotate this Decision on the Katibayan ng Orihinal na Titulo (KOT) Blg. P-19,080. Likewise, the Municipal Assessor of Balo-i, Lanao del Norte is directed to issue a Tax Declaration in the name of [respondent] over the portion only of the property subject of this case. SO ORDERED.
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