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    Vergara V Grecia, GR No. 185638, August 10, 2016

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    PRINCESS MAGPATOC
    The city government took private land in 1989 for road projects but failed to pay just compensation to the landowners. An appraisal committee then valued the land at P2,295 per square meter. The city authorized the mayor to purchase needed properties but did not pay the landowners despite using the land for over 4 years. The landowners filed for partial execution of the court judgment requiring payment pending the city's appeal. The court found the city should have paid just compensation before taking the land and that the landowners were rightfully owed payment for the years the city used their property without providing compensation.

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    Vergara V Grecia, GR No. 185638, August 10, 2016

    Uploaded by

    PRINCESS MAGPATOC
    185 views1 page
    The city government took private land in 1989 for road projects but failed to pay just compensation to the landowners. An appraisal committee then valued the land at P2,295 per square meter. The city authorized the mayor to purchase needed properties but did not pay the landowners despite using the land for over 4 years. The landowners filed for partial execution of the court judgment requiring payment pending the city's appeal. The court found the city should have paid just compensation before taking the land and that the landowners were rightfully owed payment for the years the city used their property without providing compensation.

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    14. Vergara v Grecia, GR No. 185638, August 10, 2016

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    The city government took private land in 1989 for road projects but failed to pay just compensation to the landowners. An appraisal committee then valued the land at P2,295 per square meter. The city authorized the mayor to purchase needed properties but did not pay the landowners despite using the land for over 4 years. The landowners filed for partial execution of the court judgment requiring payment pending the city's appeal. The court found the city should have paid just compensation before taking the land and that the landowners were rightfully owed payment for the years the city used their property without providing compensation.

    Copyright:

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

    Vergara V Grecia, GR No. 185638, August 10, 2016

    Uploaded by

    PRINCESS MAGPATOC
    The city government took private land in 1989 for road projects but failed to pay just compensation to the landowners. An appraisal committee then valued the land at P2,295 per square meter. The city authorized the mayor to purchase needed properties but did not pay the landowners despite using the land for over 4 years. The landowners filed for partial execution of the court judgment requiring payment pending the city's appeal. The court found the city should have paid just compensation before taking the land and that the landowners were rightfully owed payment for the years the city used their property without providing compensation.

    Copyright:

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

    HONORABLE ALVIN P.

    VERGARA, IN HIS CAPACITY AS CITY MAYOR OF CABANATUANCITY AND


    SANGGUNIANG PANLUNGSOD OF CABANATUAN CITY,
    Petitionersvs.
    LOURDES MELENCIO S GRECIA, REPRESENTED BY RENATO GRECIA, AND SANDRAMELENCIO IN
    REPRESENTATION OF MA. PAZ SAGADO VDA. DE MELENCIO, CONCHITAMELENCIO, CRISTINA
    MELENCIO AND LEONARDO MELENCIO
    , Respondents
    G.R. No. 185638

    FACTS:
    That sometime in 1989, the subject land was taken by the Sanggunian for road-right-of-way and road
    widening projects.

    Despite the taking of the subject land and the completion of the road widening projects, the
    Sanggunian failed to tender the just compensation to the respondents. Upon the request of Lourdes,
    the Sanggunian created an appraisal committee,composed of City Assessor of Cabanatuan Lorenza L.
    Esguerra as Chairman, with City Treasurer Bernardo C. Pineda and City Engineer Mac Arthur C. Yap as
    members, to determine the proper amount of just compensation to be paid by the
    Sanggunian for the subject land. The AppraisalCommittee then issued Resolution No. 20-S-2001 7
    recommending the payment of P2,295.00 persqm. as just compensation.

    Thereafter, the Sanggunian issued Resolution No. 148-2000 authorizing Mayor Vergarato negotiate,
    acquire, purchase and accept properties needed by the Sanggunian for its project.More than four
    years had lapsed after the signing of the MOA but no payment was evermade by the petitioners to
    the respondents despite the fact that the subject land was alreadytaken by the petitioners and was
    being used by the constituents of the City of Cabanatuan.However, before the records of appeal were
    submitted to the CA, the respondents filed a Motionfor Partial Execution before the RTC-Branch 86.

    ISSUE:
    Whether there is propriety in the partial execution of the judgment pending appeal.

    HELD:
    Undisputedly, in this case, the purpose of the condemnation is public but there was nopayment of
    just compensation to the respondents. The petitioners should have first institutedeminent domain
    proceedings and deposit with the authorized government depositary an amountequivalent to the
    assessed value of the subject land before it occupied the same. Due to thepetitioners' omission, the
    respondents were constrained to file inverse condemnation proceedingsto demand the payment of
    just compensation before the trial court. From 1989 until the present,the respondents were deprived
    of just compensation, while the petitioners continuously burdenedtheir property.

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