8/18/2019 Tinio Et Al vs. NAPOCOR

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* Petition for review on certiorari

For purposes of constructing and maintaining its San Roque Multi-Purpose Project, oneof the major undertakings of the government for orth !u"on, P# filed on $cto%er &',

&((( a complaint for eminent domain with the R)# of rdaneta, Pangasinan against

Moises )inio, +r and Francis )inio for the purpose of epropriating a parcel of landowned %. the )inios Prior to filing its complaint, the P# took possession of the su%ject

land on Fe%ruar. (, &((/ %. virtue of a Permit to 0nter signed %. Moises

#ommissioners were then appointed to appraise the value of the su%ject propert.

Petitioners (Moises Tinio, Jr. and Francis

Tinio)

Respondent (National Power

Corporation)

• $wners of the parcels of land in

1aranga. San Roque, San Manuel,

Pangasinan----------------------------------------------------

-

• )he #2 erred in arriving at a lower 

amount of just compensation than

that arrived at %. the R)# on the

ground that %efore the P# madeimprovements on the su%ject

 propert., the same was alread.

classified as industrial or  

commercial land

• 3n &((4, the P# declared their 

 properties in  Brgy. San Roque, SanManuel, Pangasinan, as commercial

lands with a value of P56777 per square meter )he. aver that the

su%ject lot is within the vicinit. of 

the P# properties 2s such, an.increase in the value of the P#

 properties should also redound to

the %enefit of the lands which are

located within the same localit.

2 government-owned and

controlled corporation created and

eisting %. virtue of R28'(6 asamended %. P9('/

• Purpose: to undertake the

development of h.droelectricgeneration of power and the

 production of electricit. from

nuclear, geothermal and othersources, as well as the transmission

of electric power on a nationwide

 %asis

• ;ranted the power, among others,

to eercise the right of eminent

domain----------------------------------------------------

• )he #2 erred in rel.ing on the

 present state and character of the

su%ject land as commercial in

determining just compensation

RTC – ordered P# to pa. )inios P&5,/67,<7777 plus interest until full. paid as justcompensation

CA – modified R)# ruling= ordered P# to pa. )inios as just compensation for the land

taken from them, the amount of P5,'<',(77 with legal interest of 8> per  annum from

Fe%ruar. (, &((/ until paid

Tinio et al vs. NAPOCOR 

G.R. No. !"#$%. Jan&ar $ $"

8/18/2019 Tinio Et Al vs. NAPOCOR

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ss&e*

?hether or not the #2 was correct in its determination of just compensation as %ased onits findings on the time of taking of the su%ject propert. and the nature and character of 

the su%ject propert. at the time of such taking

Co&rt

+-. )he nature and character of the land at the time of its taking is the principal

criterion for determining how much just compensation should %e given to the landowner

)he #2@s determination of just compensation is %ased on its finding that &5,4&7 squaremeters of the su%ject propert. was considered residential and that the remaining <7,777

square meter portion thereof was classified as agricultural land at the time of taking of the

said lot )his is %ased on a certification dated March &7, &((/ issued %. the Municipal2ssessor of San Manuel, Pangasinan, attesting that the disputed propert. was indeed

 partl. residential and largel. agricultural prior to its possession %. the P# 3n fact, the

)inios@ )a 9eclaration for &(((, would show that the su%ject lot was classified asindustrial onl. after si months upon the P#@s entr. into and development of the said

land

)he argument of the )inios that the su%ject propert. should %enefit from the su%sequent

classification of its adjoining properties as industrial lands is untena%le 3t would %e

injustice on the part of the epropriator where the owner would %e given undue

incremental advantages arising from the use to which the government devotes the propert. epropriated

Aence, the just compensation for the land is P5,'<', (7777 plus interest of 8> per 

annumBas correctl. computed %. the #2