National Power Corporation v. Maruhom (G.R.No. 183297)

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MURAO, JOSE PEPITO III

I. Article III Section 9, Elements of Taking:

National Power Corporation v. Maruhom (G.R.No. 183297)


Facts:
Omar Maruhom and fourteen other co-heirs were owners of a 70,000 square meter lot in Marawi City. In 1978,
without the knowledge and consent of Maruhom et al. National Power Corporation (NPC) took possession of their
land and constructed underground tunnels for collection of water of Lake Lanao. Herein respondents Maruhoms and
Ibrahims only discovered such tunnels in July of 1992. Thus, respondents demanded that NPC vacate the
subterranean portion of the land and pay damages but the NPC did not relent. The respondents then instituted an
action for recovery of possession of land and damages with the RTC of Lanao del Sur.
The RTC of Lanao del Sur denied the Maruhoms’ and Ibrahims’ petition to dismantle the underground tunnels
beneath the respondents’ land but ordered the NPC to pay for the fair market value of the 70,000 square meter land
as well as a monthly rental fee of 0.68 pesos per square meter from 1978 to present that amounts to more than 7
million pesos. Both parties appealed but the decision of RTC was executed pending the appeals and the respondents
received compensation.
Two years after instituting the action for recovery and subsequently gaining somewhat of a favorable decision, the
respondents filed a petition for relief of judgment as ‘they believed in good faith that the RTC decision was only for
damages, rentals, and attorneys fees’ therefore, they did not file a motion for reconsideration within 15 days. They
only learned on August 26, 1996 that the RTC monetary awards would make NPC the owners of the land.
Respondents argue that they were prevented by fraud, mistake, accident, or excusable negligence from taking legal
steps to ensure their rights over their land. The RTC granted the petition of respondents Maruhoms and Ibrahims
leaving them with just 4,878, 500 pesos for the fair market value from 48,005,000 originally awarded.
The Court of Appeals merely modified the RTC decision by deleting the award for moral damages and reducing
awards for rentals and attorneys fees. Upon a petition for certiorari as well as for the issuance of a TRO against the
implementation of the writ of execution, the NPC issued such TRO. However, the CA dismissed the NPC’s petition
for certiorari. The CA ruled that in a plethora of cases involving lands traversed by the NPC’s transmission lines, it
has been consistently held that compensation has been given by the full value of property despite the fact that NPC
was only after a right-of-way easement.

Issue: W/N CA erred in its decision of letting respondents keep title to their land even though the respondents have
already received ‘just compensation’ from the NPC?
NO. Writ of execution in a decision must strictly be executed. In this case, the original RTC decision affirmed with
modifications by the CA did not order transfer of ownership. Jurisprudence dictate that there is no basis for the
NPC’s claim that payment of fair market value necessitate transfer of title.

Held: Petition is DENIED.


 
 

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