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Republic v. Decena - G.R. No. 212786 (Case Digest)

Republic v. Decena G.R. No. 212786 - Case Digest

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Patrick Damaso
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17 views

Republic v. Decena - G.R. No. 212786 (Case Digest)

Republic v. Decena G.R. No. 212786 - Case Digest

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Patrick Damaso
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116. REPUBLIC v. DECENA | G.R. No.

212786 | July 30, 2018

PONENTE: CAGUIOA, J
TRIGGER: DPWH sought to expropriate the property owned by respondents. The BOC valued the
property at P17k per square per meter while respondents argue that it should be valued at P30k per
square meter. The RTC valued the property at P25k per square meter. The Supreme Court affirmed
the findings of the RTC.

DOCTRINE: The determination of just compensation remains to be an exercise of judicial discretion,


so long as courts consider the standards laid down in statutes for the determination of just
compensation, in this case, Section 5 of R.A. 8974. In the absence of a finding of abuse,
arbitrariness, or serious error, the exercise of such discretion may not be interfered with.

ISSUE: WON lower courts "fully considered" the standards laid down in Section 5 of R.A. 8974
CONTENTIONS:
● Petitioner
○ Petitioner argues that the property should be valued at P17,893.33 per square meter
as just compensation. The valuation was based on the report submitted by the Board
of Commissioners created by the RTC which considered the following:
(i) the BIR zonal valuation of P14,000.00.
(ii) the average recorded sales of properties within the vicinity of P14,490.00
which were based on Records from the year 2011-2012; and
(iii) the highest recorded sale for adjacent properties, which was P25,190.00.
● Respondent
○ Respondents argue that their property should be valued at P30,000 per square
meter. The valuation was based on the Appraisal Report of the Philippine Appraisal
Company, Inc. (PACI). The PACI report recommended a valuation of P30,000.00 per
square meter. The PACI employed a "market data approach,"[26] considering the
prices for sales, listings, and other data of comparable properties within the vicinity,
with specific focus on properties located along Commonwealth and within the Ayala
Heights Subdivision.

FACTS: RULING:

Parties: LOWER COURT RULING


○ RTC
● Petitioner: The Republic represented by ■ The RTC fixed the just compensation at
the Department of Public Works and P25,000.00 per square meter.
Highways ■ It ruled that in determining the just
compensation for the property subject
● Respondents: Estrella R. Decena, matter of this appropriation case cannot
Marieta D. Brazil, Noland D. Brazil, and take into consideration the BIR Zonal
Heirs of Edita R. Decena Valuation as the same is always
○ Owners of the property subject to relatively less than the fair market value.
expropriation. ■ Likewise, the valuation recommended
by Philippine Appraisal Co., Inc. (PACI)
predominantly based on the sales,
Root of the Case:
listings and other market data of
● As part of its Circumferential Road 5 (C5 comparable property within the vicinity
Road) Extension Road Widening Project, cannot be entirely relied upon.
Petitioner sought to acquire
Respondents' properties (subject ○ CA
properties), all of which are located along ■ Affirmed the decision of the RTC
Old Balara, Quezon City.
● Petitioner instituted five (5) separate ● SC RULING
complaints for expropriation against ○ YES.
Respondents between November 2010 ○ Section 5 of R.A. 8974 provides:
and February 2011 which were later ○ SEC. 5. Standards for the Assessment of
consolidated. the Value of the Land Subject of
● The RTC issued an Order of Expropriation Proceedings or Negotiated
Condemnation and created a Board of Sale. - In order to facilitate the
Commissioners (BOC) determination of just compensation, the
○ The BOC submitted its report on court may consider, among other well
May 14, 2012, recommending an established factors, the following relevant
amount of P17,893.33 per square standards:
meter as just compensation. (a) The classification and use for which
the property is suited;
(b) The development costs for improving
the land;
(c) The value declared by the owners;
(d) The current selling price of similar
lands in the vicinity;
(e)The reasonable disturbance
compensation for the removal and/or
demolition of certain improvements on the
land and for the value of the
improvements thereon;
(f) The size, shape or location, tax
declaration and zonal valuation of the
land;
(g) The price of the land as manifested in
the ocular findings, oral as well as
documentary evidence presented; and
(h) Such facts and events as to enable
the affected property owners to have
sufficient
funds to acquire similarly-situated lands
of approximate areas as those required
from
them by the government, and thereby
rehabilitate themselves as early as
possible.

o The determination of just compensation


remains to be an exercise of judicial
discretion, so long as courts consider the
standards laid down in statutes for the
determination of just compensation, in
this case, Section 5 of R.A. 8974. In the
absence of a finding of abuse,
arbitrariness, or serious error, the
exercise of such discretion may not be
interfered with.

o With both recommended valuations — a


BOC valuation of P17,893.33 per square
meter and a PACI valuation of
P30,000.00 — as guideposts, the court
determined the fair market value of the
property to be P25,000.00, in the exercise
of its discretion to substitute its own
estimate of the value of the property as
gathered from the records. Considering
EXTRA NOTES

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