G.R. No. 45713 , December 23, 1937

THE MUNICIPALITY OF SAN PEDRO, LAGUNA, petitioner, vs. MODESTO CASTILLO, Judge of First Instance of Laguna, COLEGIO DE SAN JOSE and CARLOS YOUNG, respondents.

FACTS

The Commonwealth Government filed an expropriation case against Colegio de San Jose and Carlos Young over a portion of the Hacienda de San Pedro Tunasan. The Municipality of San Pedro intervened, claiming the land belonged to the State by right of escheat and that it was the beneficiary thereof. The defendants admitted the government’s right to expropriate. The trial court appointed commissioners to appraise the land. The petitioner municipality objected, arguing the court should first resolve its adverse claim against the defendants and appoint its proposed commissioner. The court denied the motion for reconsideration, prompting the municipality to file this petition for certiorari.

ISSUE

Whether the trial court acted without or in excess of jurisdiction or with grave abuse of discretion in appointing commissioners without first resolving the petitioner’s adverse claim and in not appointing its proposed commissioner.

RULING

No. The petition is denied. Under Section 243 of the Code of Civil Procedure, when the defendant concedes the right to expropriate, the court may immediately appoint commissioners. Here, the defendants admitted the government’s right. The petitioner, as intervenor, did not dispute the government’s right to expropriate and claimed only a beneficial interest, not ownership. The trial court had jurisdiction and did not abuse its discretion in proceeding with the appointment. The selection of commissioners is within the court’s sound discretion, and parties have no right to dictate the appointees. The court is not obliged to decide the intervenor’s adverse claim against the defendants prior to the appointment of commissioners in this case.

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