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    Jesus Is Lord Christian School Foundation Vs City of Pasig

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    Virnadette Lopez
    The City of Pasig passed an ordinance authorizing the expropriation of land owned by the petitioner for the purpose of road widening. However, the petitioner refused and the City filed a complaint. The Supreme Court ruled that the City failed to make a valid offer to acquire the property as required by law before filing the complaint. The Court also ruled that the City failed to prove that taking the petitioner's property was necessarily to construct the road, as the City did not show it was the shortest or most suitable route. The ruling found in favor of the petitioner.

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    Jesus Is Lord Christian School Foundation Vs City of Pasig

    Uploaded by

    Virnadette Lopez
    150 views1 page
    The City of Pasig passed an ordinance authorizing the expropriation of land owned by the petitioner for the purpose of road widening. However, the petitioner refused and the City filed a complaint. The Supreme Court ruled that the City failed to make a valid offer to acquire the property as required by law before filing the complaint. The Court also ruled that the City failed to prove that taking the petitioner's property was necessarily to construct the road, as the City did not show it was the shortest or most suitable route. The ruling found in favor of the petitioner.

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    19. Jesus is Lord Christian School Foundation vs City of Pasig

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    The City of Pasig passed an ordinance authorizing the expropriation of land owned by the petitioner for the purpose of road widening. However, the petitioner refused and the City filed a complaint. The Supreme Court ruled that the City failed to make a valid offer to acquire the property as required by law before filing the complaint. The Court also ruled that the City failed to prove that taking the petitioner's property was necessarily to construct the road, as the City did not show it was the shortest or most suitable route. The ruling found in favor of the petitioner.

    Copyright:

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

    Jesus Is Lord Christian School Foundation Vs City of Pasig

    Uploaded by

    Virnadette Lopez
    The City of Pasig passed an ordinance authorizing the expropriation of land owned by the petitioner for the purpose of road widening. However, the petitioner refused and the City filed a complaint. The Supreme Court ruled that the City failed to make a valid offer to acquire the property as required by law before filing the complaint. The Court also ruled that the City failed to prove that taking the petitioner's property was necessarily to construct the road, as the City did not show it was the shortest or most suitable route. The ruling found in favor of the petitioner.

    Copyright:

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

    Lopez, Virnadette L.

    LAW 1932250

    JESUS IS LORD CHRISTIAN SCHOOL FOUNDATION, INC., Petitioners vs. MUNICIPALITY (now CITY) OF
    PASIG, METRO MANILA, Respondent.

    G.R. No. 152230. August 9, 2005

    FACTS: The City of Pasig passed an ordinance authorizing the Mayor to expropriate the land of the
    petitioner. However, the petitioner refused and the City of Pasig filed a complaint against
    them. The purpose of the expropriation was for road widening. It is to enable the road to be
    accessible to cars in going to and from the areas since according to City of Pasig, the shortest
    route.

    ISSUES: 1. Whether or not the lower court seriously erred when it ruled that plaintiff-appellee
    substantially complied with the law when it expropriated the property to be used as a right of
    way?

    2. Whether or not the lower court erred in disregarding jil’s evidence proving that there was
    no public necessity to warrant the expropriation of the subject property?

    RULING: 1. Yes, the SC ruled that there is no valid exercise of power to expropriate. City of Pasig failed
    to prove that before it filed its complaint, it made a written definite and valid offer to acquire
    the property for public use as an access road. The only evidence adduced by the respondent
    to prove its compliance with Section 19 of the Local Government Code is the photocopy of
    the letter purportedly bearing the signature of Engr. Jose Reyes, to only one of the co-owners,
    Lorenzo Ching Cuanco. What the City of Pasig sent to the petitioner was a mere invitation of
    offer and not a valid offer.

    2. Yes, the respondent failed to prove the public necessity of the said expropriation to the
    petitioners’ property. Although it was clearly stated that the land to be appropriated will be
    used for road widening for easier access of cars and other public vehicle, the respondent
    failed to prove the necessity for constructing the road particularly in the petitioner’s property
    and not elsewhere. Although ordinance states that the 51-square meter lot is the shortest
    and most suitable access road to connect Sto. Tomas Bukid to E. R. Santos Street and the
    respondent’s complaint also alleged that the said portion of the petitioner’s lot has been
    surveyed as the best possible ingress and egress, it failed to adduce a preponderance of
    evidence to prove its claims

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