Republic vs. Castellvi Digest

Hisoler, Ivanne D’Laureil I. LLB EH 401 - Legal Writing Republic of the Philippines vs. Carmen M. Vda. De Castellvi, et al. G.R. No. L-20620 August 15, 1974 Case Digest FACTS: In 1947, the republic, through the Armed Forces of the Philippines (AFP), entered into a lease agreement over a land in Pampanga with Castellvi on a year-to-year basis. When Castellvi gave notice to terminate the lease in 1956, the AFP refused because of the permanent installations and other facilities worth almost P500,000.00 that were erected and already established on the property. She then instituted an ejectment proceeding against the AFP. In 1959, however, the republic commenced the expropriation proceedings for the land in question. ISSUE: Whether or not the compensation should be determined as of 1947 or 1959. RULING: The Supreme Court ruled that the “taking” should not be reckoned as of 1947, and that just compensation should not be determined on the basis of the value of the property as of that year. The requisites for taking are: 1. The expropriator must enter a private property; 2. The entry must be for more than a momentary period; 3. It must be under warrant or color of authorities; 4. The property must be devoted for public use or otherwise informally appropriated or injuriously affected; and 5. The utilization of the property for public use must be such a way as to oust the owner and deprive him of beneficial enjoyment of the property. Only requisites 1, 3, and 4 were present. It is clear, therefore, that the "taking" of Catellvi's property for purposes of eminent domain cannot be considered to have taken place in 1947 when the Republic commenced to occupy the property as lessee thereof. Under Sec. 4, Rule 67 of the Rules of Court, “just compensation” is to be determined as of the date of the filing of the complaint. The Supreme Court has ruled that when the taking of the property sought to be expropriated coincides with the commencement of the expropriation proceedings, or takes place subsequent to the filing of the complaint for eminent domain, the just compensation should be determined as of the date of the filing of the complaint. In the instant case, it is undisputed that the Republic was placed in possession of the Castellvi property, by authority of court, on August 10, 1959. The “taking” of the Castellvi property for the purposes of determining the just compensation to be paid must, therefore, be reckoned as of June 26, 1959 when the complaint for eminent domain was filed.