Petitioner
Mactan-Cebu International Airport Authority
Respondent
Benjamin Tudtud
Citation
G.R. No. 174012
Court
Supreme Court
Division
Second Division
Ponente
Carpio-Morales, J.
Decided
November 14, 2008

Summary

The Supreme Court affirmed the reconveyance of Lot No. 988 to the heirs of original owners after finding that the 1949 expropriation judgment contained an implicit condition that the land would remain expropriated only while needed for airport purposes. When Cebu Lahug Airport was abandoned and no structures were built on the lot, the public purpose ceased to exist. The Court rejected MCIAA's arguments that the expropriation was absolute and unconditional, finding instead that the trial court's reasoning in the original expropriation case showed conditional intent. Parol evidence of NAC's promise to return the land was deemed admissible since the Statute of Frauds doesn't apply to executed contracts. The decision established important precedent on conditional expropriation and mutual restitution obligations when public purpose for land acquisition ceases, requiring both parties to return what they received under the original arrangement while allowing retention of natural benefits accrued during the interim period.

Statutes applied

By the Intellegal Editorial Board · November 14, 2008

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