Maria Paz v. Nepomuceno · G.R. 146091

Petitioner: Maria Paz
Respondent: Nepomuceno
Citation: G.R. No. 146091
Court: Supreme Court
Division: First Division
Ponente: Corona, J.
Decided: July 28, 2008

Summary

This case involved the recovery of a 652 sq.m. portion of Maria Paz Nepomuceno's registered lot taken by the City of Surigao for road use without compensation or expropriation proceedings. The city claimed it had a right-of-way agreement with previous owners in the 1960s, but could not produce the document due to typhoon damage. The RTC awarded compensation based on 1960 values plus interest. The Court of Appeals added moral damages and increased attorney's fees due to the mayor's public rebuff of the petitioners. The Supreme Court affirmed, establishing that compensation for government taking without expropriation should be based on property value at the time of taking, not at time of payment. The decision reinforced principles of just compensation and rejected claims for exemplary damages absent proof of governmental misconduct or abuse of eminent domain power.

Statutes applied

Civil Code, Art. 1250

Related cases

Other Philippine cases on the same provisions and issues.

Citibank v. Modesta R. Sabeniano G.R. No. 156132
Remedios Navoa Ramos v. Court of Appeals G.R. No. 119872
Arturo P. Valenzuela v. The Honorable Court of Appeals G.R. No. 83122
Eufemia Almeda v. Bathala Marketing Industries G.R. No. 150806
Telengtan Brothers & Sons v. United States Lines G.R. No. 132284

By the Intellegal Editorial Board · July 28, 2008

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