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NATIONAL POWER CORPORATION v. CA

This case has been cited 6 times or more.

	GR No. 171101 2011-11-22	HACIENDA LUISITA v. PRESIDENTIAL AGRARIAN REFORM COUNCIL VELASCO JR., J.
For resolution are the (1) Motion for Clarification and Partial Reconsideration dated July 21, 2011 filed by petitioner Hacienda Luisita, Inc. (HLI); (2) Motion for Partial Reconsideration dated July 20, 2011 filed by public respondents Presidential Agrarian Reform Council (PARC) and Department of Agrarian Reform (DAR); (3) Motion for Reconsideration dated July 19, 2011 filed by private respondent Alyansa ng mga Manggagawang Bukid sa Hacienda Luisita (AMBALA); (4) Motion for Reconsideration dated July 21, 2011 filed by respondent-intervenor Farmworkers Agrarian Reform Movement, Inc. (FARM); (5) Motion for Reconsideration dated July 21, 2011 filed by private respondents Noel Mallari, Julio Suniga, Supervisory Group of Hacienda Luisita, Inc. (Supervisory Group) and Windsor Andaya (collectively referred to as "Mallari, et al."); and (6) Motion for Reconsideration dated July 22, 2011 filed by private respondents Rene Galang and AMBALA.[2]
	GR No. 165828 2011-08-24	NATIONAL POWER CORPORATION v. MACABANGKIT BERSAMIN, J.
In National Power Corporation v. Court of Appeals,[42] a case that involved the similar construction of an underground tunnel by NPC without the prior consent and knowledge of the owners, and in which we held that the basis in fixing just compensation when the initiation of the action preceded the entry into the property was the time of the filing of the complaint, not the time of taking,[43] we pointed out that there was no taking when the entry by NPC was made "without intent to expropriate or was not made under warrant or color of legal authority."
	GR NO. 168732 2007-06-29	NATIONAL POWER CORPORATION v. LUCMAN G. IBRAHIM AZCUNA, J.
The entitlement of respondents to just compensation having been settled, the issue now is on the manner of computing the same. In this regard, petitioner claims that the basis for the computation of the just compensation should be the value of the property at the time it was taken in 1978. Petitioner also impugns the reliance made by the CA upon National Power Corporation v. Court of Appeals and Macapanton Mangondato[19] as the basis for computing the amount of just compensation in this action. The CA found that "the award of damages is not excessive because the P1000 per square meter as the fair market value was sustained in a case involving a lot adjoining the property in question which case involved an expropriation by [petitioner] of portion of Lot 1 of the subdivision plan (LRC) PSD 116159 which is adjacent to Lots 2 and 3 of the same subdivision plan which is the subject of the instant controversy."[20]
	GR NO. 162779 2007-06-15	HEIRS OF MATEO PIDACAN v. AIR TRANSPORTATION OFFICE QUISUMBING, J.
Eminent domain or expropriation is the inherent right of the state to condemn private property to public use upon payment of just compensation.[10] A number of circumstances must be present in the taking of property for purposes of eminent domain: (1) the expropriator must enter a private property; (2) the entrance into private property must be for more than a momentary period; (3) the entry into the property should be under warrant or color of legal authority; (4) the property must be devoted to a public use or otherwise informally appropriated or injuriously affected; and (5) the utilization of the property for public use must be in such a way as to oust the owner and deprive him of all beneficial enjoyment of the property.[11]
	GR No. 170846 2007-02-06	NATIONAL POWER CORPORATION v. AURELLANO S. TIANGCO GARCIA, J.
In eminent domain cases, the time of taking is the filing of the complaint, if there was no actual taking prior thereto. Hence, in this case, the value of the property at the time of the filing of the complaint on November 20, 1990 should be considered in determining the just compensation due the respondents. So it is that in National Power Corporation v. Court of Appeals, et al.,[12] we ruled:Normally, the time of the taking coincides with the filing of the complaint for expropriation. Hence, many rulings of this Court have equated just compensation with the value of the property as of the time of filing of the complaint consistent with the above provision of the Rules. So too, where the institution of the action precedes entry into the property, the just compensation is to be ascertained as of the time of the filing of the complaint. The trial court fixed the value of the property at its 1984 value, while the CA, at its 1993 worth. Neither of the two determinations is correct. For purposes of just compensation, the respondents should be paid the value of the property as of the time of the filing of the complaint which is deemed to be the time of taking the property.
	GR NO. 170945 2006-09-26	NATIONAL POWER CORPORATION v. SAN PEDRO CALLEJO, SR., J.
The petition is denied for lack of merit. The CA found no reversible error in the trial court's finding of just compensation. Inasmuch as the determination of just compensation in eminent domain cases is a judicial function and factual findings of the CA are conclusive on the parties and reviewable only when the case falls within the recognized exceptions, which does not obtain in this case, we see no reason to disturb the factual findings as to the valuation of the subject property.[35]