Republic v Cristina de Knecht

GR 87335 | February 12, 1990

J. GANCAYCO

Doctrine:
Judicial Review

Facts:
After the court ruled on de Knecht v Bautista, respondents moved to dismiss the
expropriation action in compliance with the aforesaid decision of the SC, which had
become final and in order to
avoid further damage to the respondents who were denied the possession of their
properties.
o Republic filed a manifestation, stating that it had no objection to the said
motion to dismiss, as it was in accordance with the aforestated decision.
Two years later, the Republic filed a motion to dismiss said case due to the
enactment of BP 340,
expropriating the same properties and for the same purpose.
o RTC granted the dismissal, by reason of the enactment of the said law.
De Knecht appealed to CA; CA reversed RTC ruling; petitioner filed the present
petition before the SC.

Issues and Holding:

W/N the law of the case theory should be applied to the case at bar. No.
o While it is true that said final judgment of the SC on the subject becomes the
law of the case between the parties, it is equally true that the right of the
Republic to take private properties for public use upon the payment of just
compensation is so provided in the
Constitution and our laws.
o The passing of BP 340 appears that it was based on the supervening events
that occurred after the de Knecht v Bautista decision.
The social impact factor which persuaded the Court to consider this
extension to be arbitrary had disappeared.
All residents in the area have been relocated and duly
compensated.
Eighty percent of the EDSA outfall and thirty percent of the EDSA
extension
had been completed.
o Only respondent remains as the solitary obstacle to this
project that will solve not only the drainage and flood
control problem, but also
minimize the traffic bottleneck in
the area. o SC affirmed OSGs summary:
De Knecht is the only one standing in the way of the completion of
the project. o BP 340 effectively superseded the aforesaid final and
executory decision of the SC.
SC agrees in the wisdom and necessity of enacting BP 340.
The anterior decision of the Court must yield to this subsequent
legislative flat.

Ruling:
Petition granted.
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