Scribd Logo
Upload

Welcome to Scribd!

  • 110 views

    NAPOCOR vs. Gutierrez

    Uploaded by

    Ron Jacob Almaiz
    This case involves a dispute over compensation for an easement taken by the National Power Corporation (Napocor) over private land for a transmission line. The trial court ordered Napocor to pay compensation of 10 pesos per square meter for the easement. Napocor appealed, arguing it only owed an easement fee rather than full market value. The Supreme Court ruled that while the easement did not transfer full ownership, it did impose significant limitations on land use, depriving the owners of ordinary use. As such, just compensation is owed which represents the full equivalent of the loss to the landowners. The amount should be neither more nor less than the money value of the property taken.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    NAPOCOR vs. Gutierrez

    Uploaded by

    Ron Jacob Almaiz
    110 views1 page
    This case involves a dispute over compensation for an easement taken by the National Power Corporation (Napocor) over private land for a transmission line. The trial court ordered Napocor to pay compensation of 10 pesos per square meter for the easement. Napocor appealed, arguing it only owed an easement fee rather than full market value. The Supreme Court ruled that while the easement did not transfer full ownership, it did impose significant limitations on land use, depriving the owners of ordinary use. As such, just compensation is owed which represents the full equivalent of the loss to the landowners. The amount should be neither more nor less than the money value of the property taken.

    Original Title

    NAPOCOR vs. Gutierrez .docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves a dispute over compensation for an easement taken by the National Power Corporation (Napocor) over private land for a transmission line. The trial court ordered Napocor to pay compensation of 10 pesos per square meter for the easement. Napocor appealed, arguing it only owed an easement fee rather than full market value. The Supreme Court ruled that while the easement did not transfer full ownership, it did impose significant limitations on land use, depriving the owners of ordinary use. As such, just compensation is owed which represents the full equivalent of the loss to the landowners. The amount should be neither more nor less than the money value of the property taken.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    110 views1 page

    NAPOCOR vs. Gutierrez

    Uploaded by

    Ron Jacob Almaiz
    This case involves a dispute over compensation for an easement taken by the National Power Corporation (Napocor) over private land for a transmission line. The trial court ordered Napocor to pay compensation of 10 pesos per square meter for the easement. Napocor appealed, arguing it only owed an easement fee rather than full market value. The Supreme Court ruled that while the easement did not transfer full ownership, it did impose significant limitations on land use, depriving the owners of ordinary use. As such, just compensation is owed which represents the full equivalent of the loss to the landowners. The amount should be neither more nor less than the money value of the property taken.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    NAPOCOR vs.

    Gutierrez

    Facts: appears why said power may not be availed of to impose only a burden
    Plaintiff National Power Corporation (Napocor), for the upon the owner of the condemned property, without loss of title or
    construction of its 230 KV Mexico-Limay transmission lines, its lines possession.
    have to pass the lands belonging to respondents Matias Cruz, heirs of
    Natalie Paule and spouses Misericordia Gutierrez and Recardo Malit. It is unquestionable that real property may, through
    Unsuccessful with its negotiations for the acquisition of the right of way expropriation, be subjected to an easement of right of way." In this case,
    easements, Napocor was constrained to file eminent domain the easement is definitely a taking under the power of eminent domain.
    proceedings. Considering the nature and effect of the installation of the transmission
    lines, the limitations imposed by the NPC against the use of the land
    Trial court’s ordered that the defendant spouses were authorized (that no plant higher than 3 meters is allowed below the lines) for an
    to withdraw the fixed provisional value of their land in the sum of indefinite period deprives private respondents of its ordinary use. For
    P973.00 deposited by the plaintiff to cover the provisional value of the these reasons, the owner of the property expropriated is entitled to a just
    land to proceed their construction and for the purpose of determining the compensation which should neither be more nor less, whenever it is
    fair and just compensation due the defendants, the court appointed three possible to make the assessment, than the money equivalent of said
    commissioners, comprised of one representative of the plaintiff, one for property.
    the defendants and the other from the court, who then were empowered
    to receive evidence, conduct ocular inspection of the premises, and Just equivalent has always been understood to be the just and
    thereafter, prepare their appraisals as to the fair and just compensation to complete equivalent of the loss which the owner of the thing
    be paid to the owners of the lots. expropriated has to suffer by reason of the expropriation. The price
    or value of the land and its character at the time of taking by the Govt.
    The lower court rendered judgement ordered Napocor to pay are the criteria for determining just compensation.
    defendant spouses the sum of P10.00 per square meter as the fair and Private respondents recognize the inherent power of eminent domain
    reasonable compensation for the right-of-way easement of the affected being exercised by NPC when it finally consented to the expropriation
    area and P800.00 as attorney's fees'. Napocor filed a motion for of the said portion of their land, subject however to payment of just
    reconsideration contending that the Court of Appeals committed gross compensation.
    error by adjudging the petitioner liable for the payment of the full
    market value of the land traversed by its transmission lines, and that it No matter how laudable NPC's purpose is, for which
    overlooks the undeniable fact that a simple right-of-way easement expropriation was sought, it is just and equitable that they be
    transmits no rights, except that of the easement. compensated the fair and full equivalent for the loss sustained, which is
    the measure of the indemnity, not whatever gain would accrue to the
    ISSUE: Whether or not petitioner should be made to pay simple expropriating entity
    easement fee or full compensation for the land traversed by its
    transmission lines. (EPZA v. Dulay, 149 SCRA 305 [1987]; Mun. of Daet v. Court of
    Appeals, 93 SCRA 503 (1979]).
    RULING:
    In RP v. PLDT, the SC ruled that "Normally, the power of
    eminent domain results in the taking or appropriation of the title to, and
    possession of, the expropriated property, but no cogent reason

    You might also like