17.

REPUBLIC VS CEBUAN compensation and to convey thereby the idea that the equivalent to be rendered for the
G.R. NO. 191560 property to be taken shall be real, substantial, full and ample.
MARCH 29, 2011 10. The limitation of just compensation is considered to be a sum equivalent to the market
TOPIC: EXPROPRIATION value of the property, broadly defined as the price fixed by the seller in open market in the
PETITIONER: REPUBLIC OF PH REPRESENTED BY NAT’L IRRIGATION ADMIN. (NIA) usual and ordinary course of legal action and competition; or the fair value of the property;
RESPONDENTS: ROLAND CEBUAN ET AL as between one who receives and one who desires to sell it, fixed at the time of the actual
PONENTE: TIJAM taking by the government.
DOCTRINE: 11. Courts have the discretion to determine just compensation pursuant to the mandate that
FACTS: no property shall be taken for public use w/o payment of just compensation. Thus, the
1. NIA identified several parcels of land for its Lower Agusan Dev’t Project (Project) to other gov’t branches that fixes or provides the method of computing just compensation is
construct irrigation canals. Said lands were owned by the respondents herein. an encroachment on judicial power. Sec. 5, RA 8974 provides an enumeration of the
2. NIA commenced expropriation proceedings after failure to negotiate a sale w/ standards to determine the assessed value of a property thus NIA’s claimed that the price
respondents. It based the values of the properties on BIR Zonal Evaluation as specified in should be fixed based on the zonal evaluation and tax declarations are misplaced as there
DO No. 16-2000 thus arriving w/ a total aggregate amount of PhP60,094.50 for all the are other factors to be considered.
parcels of land, w/c measured 11,737m2, sought to be expropriated. (So if you divide the 12. Just compensation can only be determined by reliable and actual data hence courts should
monetary amount with the total land area, its equal to PhP5.12/m2) be circumspect in determining such due to the owners considering that public funds are
3. Respondents were willing to accede the lands to NIA provided that the properties be used to buy said properties. In this case, the BOC used the Market Data Approach wherein
valued at least PhP300/m2. Nevertheless, in 2002-2003, respondents executed a permit to sales and other external factors such as location and characteristics of the properties are
enter in NIA’s favor and corresponding payments for damages caused to crops therein; taken into account, appraisals from other sources and site inspection hence the market
however, some of the respondents did not get paid as they had no improvements on their value was backed up by actual and reliable data.
respective properties. 13. While just compensation, to which the owner of the property to be expropriated is
4. NIA moved for possession and deposit the said amount involved based on the current BIR entitled, is equivalent to the market value, the rule is modified where only a part of
Zonal Value and other documents to w/c the RTC granted. Some of the respondents move property is expropriated. As such, the owner is not restricted to compensation to what was
to defer the possession as they had not been fully paid of the improvements on their actually taken, but is also entitled to consequential damages as found in Sec. 6, Rule 67.
properties as they were deprived of the use of the same since 1999. 14.
5. As proposed by NIA and agreed upon by parties, the RTC created a Board of Commissioners FALLO: WHEREFORE, premises considered, the petition is DENIED for lack of merit. The Court
(BOC) to determine the fair market value of the properties. It found that some of the of Appeals Decision dated December 15, 2004 and Resolution dated May 3, 2005 in CA-G.R. SP
properties were priced at PhP45/m2 while some were priced at PhP120/m2. NIA opposed No. 85899, are AFFIRMED.
said report for being grossly excessive then contended that the value of the properties
should only be PhP0.90/m2 w/c was the price of the properties when they were bought by
NIA.
6. RTC: Rendered partial judgement and adopted the BOC’s report. There was a land similar
to the properties in this case that was bought by NIA priced at PhP160/m2 w/c was not
refuted by NIA.
7. CA: Partially granted NIA’s appeal. It held that the recommended assessed value by the
BOC were not exorbitant as it were based on the appraisal by different people, the findings
of ocular inspection, distance to national roads, the crops therein and other similar
adjacent lands. The BIR Zonal Evaluation should not have been the sole basis for NIA’s
pricing. However, it observed that some of the respondents were not paid for the
improvements of their properties hence the case was remanded to the RTC for further
reception of evidence.
8. ISSUE: WoN NIA’s appraisal based on the BIR Zonal Evaluation was correct –
RULING
NO EROR IN THE ASSESSMENT VALUE OF THE LAND
9. In expropriation proceedings, just compensation is defined as the full and fair equivalent
of the property taken from its owner by the expropriator. The measure is not the taker's
gain, but the owner's loss. The word "just" is used to intensify the meaning of the word