R67 (2) NAPOCOR v Purefoods
3
Rule 67 - expropriation 1. Napocor v. Purefoods, G.R. No. 160725, 565 SCRA 17, 12 September 2008 a. To construct and maintain its Northwestern Luzon Project, NAPOCOR had to acquire an easement of right-of-way over certain parcels of land b. RTC i. NAPOCOR filed a special civil action for eminent domain ii. respondent Heirs of Trinidad claimed that they should be indemnified for the value of the affected property based on the prevailing market purchase price of P750.00/sq m iii. Purefoods averred that NAPOCOR’s offer was excessively low, undervalued and obsolete and that its action had caused extreme prejudice to its investment and further delay in the construction and development of its piggery business, thereby adversely affecting its operation. iv. NAPOCOR filed its Urgent Ex Parte Motion for the Issuance of Writ of Possession wherein it alleged that it had deposited with the Land Bank of the Philippines a provisional valuation of the properties sought to be expropriated and that it had sent a Notice to Take Possession v. RTC issued a writ of possession. vi. the commissioners recommended that the compensation due from NAPOCOR be based on the fair market value of P600.00/sq m for properties belonging to respondent Moldex and P400.00/sq m for the undeveloped or underdeveloped properties belonging to the rest of the respondents c. RTC adopted the recommendation of Commissioners with with legal interest at 6% per annum from January 6, 1998 until finality of this Decision and at 12% per annum from its finality until full payment thereof. d. CA i. NAPOCOR contends that only an easement of right-of-way for the construction of the transmission line project is being claimed, thus, only an easement fee equivalent
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Transcript of R67 (2) NAPOCOR v Purefoods
Rule 67 - expropriation1. Napocor v. Purefoods, G.R. No. 160725, 565 SR! 17, 12 Septe"#er 200$a. To construct and maintain its Northwestern Luzon Project, NAPOCOR had to acquire an easement of right-of-wa o!er certain "arce#s of #and$. RTCi. NAPOCOR fi#ed a s"ecia# ci!i# action for eminent domainii. res"ondent %eirs of Trinidad c#aimed that the shou#d $e indemnified for the !a#ueof the affected "ro"ert $ased on the "re!ai#ing mar&et "urchase "rice of P'().))*sq m iii. Purefoodsa!erred that NAPOCOR+s offer was e,cessi!e# #ow, under!a#ued and o$so#ete and that its action had caused e,treme "rejudice to its in!estment and further de#a in the construction and de!e#o"ment of its "igger $usiness, there$ ad!erse# affecting its o"eration.i!. NAPOCOR fi#ed its -rgent Ex Parte .otion for the /ssuance of 0rit ofPossession wherein it a##eged that it had de"osited with the Land 1an& of thePhi#i""ines a "ro!isiona# !a#uation of the "ro"erties sought to $e e,"ro"riated and that it had sent a Notice to Ta&e Possession!. RTC issued a writ of "ossession. !i. the commissioners recommended that the com"ensation due from NAPOCOR$e $ased on the fair mar&et !a#ue of P2)).))*sq m for "ro"erties $e#onging to res"ondent .o#de, and P3)).))*sq m for the unde!e#o"ed or underde!e#o"ed "ro"erties $e#onging to the rest of the res"ondentsc. RTC ado"ted the recommendation of Commissioners with with #ega# interest at 24 "er annum from 5anuar 2, 6778 unti# fina#it of this 9ecision and at 6:4 "er annum from itsfina#it unti# fu## "ament thereof.d. CAi. NAPOCOR contends that on# an easement of right-of-wa for the construction ofthe transmission #ine "roject is $eing c#aimed, thus, on# an easement fee equi!a#ent to 6)4 of the fair mar&et !a#ue of the "ro"erties shou#d $e "aid to the affected "ro"ert owners ;RA 87'( An Act To
