GR 175725; (October, 2008) (Digest)
G.R. No. 175725 , October 8, 2008
NATIONAL POWER CORPORATION, petitioner, vs. ANGEL SUAREZ, CARLOS SUAREZ, MARIA THERESA SUAREZ, AND ROSARIO SUAREZ, respondents.
FACTS
Petitioner National Power Corporation (NPC) filed a complaint for expropriation of a parcel of land registered in the names of respondents to implement its 350 KV Leyte Luzon HDVC Power Transmission Project. NPC deposited the provisional value of the property and obtained a Writ of Possession. Respondents countered that the property area was larger than stated and that NPC had already constructed transmission towers, cut down numerous trees, and impaired the land. Commissioners were appointed and determined just compensation using Market Data Analysis, Income Productivity, and Zonal Valuation, arriving at a final value of ₱783,860.46. The trial court adopted this recommendation. The Court of Appeals affirmed the decision. NPC now contends that since it only seeks an aerial easement of right of way, it should pay only an easement fee equivalent to 10% of the market value under Section 3A(b) of its Revised Charter (R.A. 6395), not the full value of the land.
ISSUE
Whether the National Power Corporation, in acquiring an easement of right of way (aerial) over the respondents’ land, is obligated to pay only an easement fee (10% of market value) or the full just compensation for the property.
RULING
The Supreme Court DENIED the petition and upheld the payment of full just compensation. The Court ruled that the acquisition of an easement of right of way, even if aerial, falls within the power of eminent domain. The limitations imposed on the use of the land—such as prohibiting the planting of trees higher than three meters—deprive the owners of its normal and beneficial use for an indefinite period. The measure of just compensation is the owner’s loss, not the taker’s gain. Therefore, the respondents are entitled to payment of the full monetary equivalent of the land, which in this case was properly determined by the commissioners and the lower courts. The nature and character of the land at the time of taking, including its improvements and capabilities, are the principal criteria for determining just compensation.