G.R. No. 232119 - NATIONAL GRID CORPORATION OF THE PHILIPPINES, VS. GETULIA A. GAITE AND THE HEIRS OF TRINIDAD GAITE, NAMELY EULALIO GAITE, REGINO GAITE, EVER GAITE, RAMON GAITE, AND JOSE GAITE, ALL REPRESENTED BY ATTY. EULALIO G. GAITE.DECISION - Supreme Court E-Library

Ruling

Accordingly, NGCP alleged that it is now entitled to possession of the subject property as a matter of right. Thereafter, on July 8, 2011, the RTC issued a Writ of Possession [8] placing NGCP in actual possession of the subject property. [9] Sometime in September 2012, the RTC issued an order for the appointment of commissioners who shall recommend the fair market value of the subject property for determining just compensation. Accordingly, the Board of Commissioners composed of: (1) Engr. Gil R. Balondo, the City Development Planning Officer of Iligan City; (2) Ma. Rodora Elena A. Gimena, the City Assessor of Iligan City; and (3) Atty. Raymundo C. Capistrano (Atty. Capistrano), a Licensed Real Estate Broker residing in Iligan City submitted and signed a Joint Commissioner's Report, [10] recommending a P60.00 per square meter (sqm.) fair market value of the subject property. [11] Based on the joint commissioner's report, the following factors were used to determine the P60.00 per sqm. fair market value recommended by the Board of Commissioners: 1. Committee on Appraisal Resolution No. 6 series of 2005 Hrs. of Rustico Quidlat Sadernas involving a 12.2275 hectares agricultural lot located at Bonbonon, appraised and valued at P 47.23 per square meter (site for Material Recovery Facility); 2. Deed of Absolute Sale between Timbangondi Masinger and City Government of Iligan dated February 25, 2009 with an area of 670 square meters located at Bonbonon, Iligan City @ P 47.30 per square meter (access road to Material Recovery Facility); 3. Deed of Absolute sale between Ramon Morente and City Government of Iligan dated February 25, 2009 involving Two Thousand Sixteen square @ P 47.30 per square meter located at Bonbonon, Iligan City (access road to MRF); 4. 2005 BIR Zonal valuation of agricultural land at Bonbonon @ P 70,000.00 per hectare; 5. Deed of Absolute Sale of a portion of a parcel of residential land executed between Remedilla Pilones and Bernalda Romo involving 300 square meters @ P 133.33 per square meter dated August 31, 2010; [12] Notably, on March 17, 2014, one of the commissioners, Atty. Capistrano, submitted a separate commissioner's report, [13] recommending the amount of P300.00 per sqm. as the fair market value of the subject property, to wit: WHEREFORE , the undersigned Commissioner hereby recommend that the just compensation for the subject properties shall be as follows: 1. Lot No. 336[6]-A, d. 292 Getulia Gaite: 6,246.26 sq.m. @ Php300.00 per square meters P1,873,878.00 2. Lot No. 5261-A, Cad. 292 Trinidad Gaite 1,726.766 square meters @ Php300.00 per sq. meters P518,032.80 Total P2,391,910.80 The recommended price of Php300.00 per square meter includes the market value of the improvements on the subject lots. [14] In his separate commissioner's report, Atty. Capistrano justified his recommended price for just compensation by stating, among others, that pursuant to City Ordinance No. 3097, Resolution No. 900, and Resolution N