Professional Documents
Culture Documents
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* THIRD DIVISION.
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Same; Ejectment; Under Commonwealth Act No. 538,
ejectment of tenant is suspended while expropriation proceedings
is pending but tenant must pay the rent and be entitled to
suspension.—When the Government seeks to acquire, through
purchase or expropriation proceedings, lands belonging to any
estate or chaplaincy (cappellania), any action for ejectment
against the tenants occupying said lands shall be automatically
suspended, for such time as may be required by the
expropriation proceedings or the necessary negotiations for the
purchase of the lands, in which latter case, the period of
suspension shall not exceed one year. To avail himself of the
benefits of the suspension, the tenants shall pay to the
landowner the current rents as they become due or deposit
the same with the court where the action for ejectment has
been instituted.
Same; The exercise of expropriation by a local government unit
is covered by Section 19 of the Local Government Code (LGC).—A
local government unit may, through its chief executive and acting
pursuant to an ordinance, exercise the power of eminent domain
for public use, or purpose, or welfare for the benefit of the poor
and the landless, upon payment of just compensation, pursuant to
the provisions of the Constitution and pertinent laws: Provided,
however, That the power of eminent domain may not be exercised
unless a valid and definite offer has been previously made to the
owner, and such offer was not accepted: Provided, further, That
the local government unit may immediately take possession of the
property upon the filing of the expropriation proceedings and
upon making a deposit with the proper court of at least fifteen
percent (15%) of the fair market value of the property based on
the current tax declaration of the property to be expropriated:
Provided, finally, That the amount to be paid for the expropriated
property shall be determined by the proper court, based on the
fair market value of the property.
Same; Stages of Expropriation.—Expropriation of lands
consists of two stages: The first is concerned with the
determination of the authority of the plaintiff to exercise the
power of eminent domain and the propriety of its exercise in the
context of the facts involved in the suit. It ends with an order, if
not of dismissal of the action, “of condemnation declaring that the
plaintiff has a lawful right to take the property sought to be
condemned, for the public use or purpose described in the
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CARPIO-MORALES, J.:
Fil-Homes Realty and Development Corporation and
Magdiwang Realty Corporation (respondents), co-owners of
two lots situated in Sucat, Parañaque City and covered by
Transfer Certificates of Title Nos. 21712 and 21713, filed a
com-
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3. Costs of suit.
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“x x x The court a quo ruled that the case filed by plaintiffs
(respondents herein) is unlawful detainer as shown by the
allegations of the Complaint. The ruling of the court a quo is not
accurate. It is not the allegations of the Complaint that
finally determine whether a case is unlawful detainer,
rather it is the evidence in the case.
Unlawful detainer requires the significant element of
“tolerance”. Tolerance of the occupation of the property must be
present right from the start of the defendants’ possession. The
phrase “from the start of defendants’ possession” is significant.
When there is no “tolerance” right from the start of the
possession sought to be recovered, the case of unlawful
detainer will not prosper.”3 (emphasis in the original;
underscoring supplied)
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1 Rollo, p. 150.
2 Id., at pp. 169-176.
3 Id., at p. 172.
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“Where the defendant’s entry upon the land was with plaintiff’s
tolerance from the date and fact of entry, unlawful detainer
proceedings may be instituted within one year from the demand
on him to vacate upon demand. The status of such defendant is
analogous to that of a tenant or lessee, the term of whose lease,
has expired but whose occupancy is continued by the tolerance of
the lessor. The same rule applies where the defendant purchased
the house of the former lessee, who was already in arrears in the
payment of rentals, and thereafter occupied the premises without
a new lease contract with the landowner.”7
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9 Vide Antonio v. Geronimo, G.R. No. 124779, November 29, 2005, 476
SCRA 340-341.
10 Took effect on May 26, 1940.
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Petitioners’ position does not lie.
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It is only upon the completion of these two stages that
expropriation is said to have been completed. The process is not
complete until payment of just compensation. Accordingly, the
issuance of the writ of possession in this case does not write finis
to the expropriation proceedings. To effectuate the transfer of
ownership, it is necessary for the NPC to pay the property owners
the final just compensation.”12 (emphasis and underscoring
supplied)
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12 Id., at p. 287.
13 Vide Rollo, pp. 227-228.
14 G.R. No. L-22645, September 18, 1967, 21 SCRA 146, 148.
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Petition denied.
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