Petitioner
Mactan-Cebu International Airport Authority (Mciaa)
Respondent
The Hon. Court of Appeals
Citation
G.R. No. 139495
Court
Supreme Court
Division
Third Division
Ponente
Gonzaga-Reyes, J.
Decided
November 27, 2000

Summary

Virginia Chiongbian sought reconveyance of Lot 941 that was expropriated in 1961 for Lahug Airport, claiming she had verbal assurance of right to repurchase when airport use ended. After airport closure in 1991, she sued MCIAA for reconveyance. The RTC and CA ruled in her favor, but the Supreme Court reversed, holding that the expropriation judgment granted unconditional fee simple title to the government without any repurchase conditions. The Court found that testimonial evidence of alleged verbal agreements was inadmissible under the Statute of Frauds and hearsay rules, and that the clear terms of the expropriation judgment controlled. The decision clarifies that when land is expropriated in fee simple unconditionally, abandonment of public use does not entitle the former owner to reacquire the property.

Statutes applied

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By the Intellegal Editorial Board · November 27, 2000

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