gr_223195_2020

INTING, J.:

Before the Court is a Petition for Review on Certiorari1 under Rule 45 of the Rules of Court, seeking to nullify and set aside the Decision2 dated December 17, 2015 and the Resolution3 dated February 22, 2016 of the Court of Appeals (CA) in CA-G.R. CV No. 102782. The CA dismissed for lack of merit the appeal filed by the National Power Corporation (NPC) to the Decision4 dated January 13, 2003 of Branch 83, Regional Trial Court (RTC), Tanauan City, Batangas. The Antecedents The National Transmission Corporation (TRANSCO) is the transferee-in-interest of the NPC-a government entity created to undertake the development of hydroelectric generation of power and production of electricity from any and all sources.

To carry out its purpose, NPC was given authority by Republic Act No. (RA) 63955 to enter and acquire private properties. To enable it to construct and maintain its Tayabas-Dasmariñas 500 KV Transmission Line Project, the NPC, on November 24, 1995, filed before the RTC a Complaint for Eminent Domain6 against the spouses Mariano and Corazon Taglao (Spouses Taglao), docketed as Civil Case No. C-034. The Spouses Taglao are the owners of a parcel of land covering an area of 5,143 square meters (sq.m.) situated at San Pioquinto, Malvar, Batangas.

The NPC sought to acquire an easement of right of way over the 3,573-sq.m. portion (subject portion) of Spouses Taglao's property. Spouses Taglao moved to dismiss the eminent domain case filed by the NPC.7 Meanwhile, the NPC filed an Urgent Ex-Parte Motion for the Issuance of a Writ of Possession8 over the subject property.

In the Order9 dated September 18, 1996, the RTC denied the Motion to Dismiss of Spouses Taglao and granted the NPC's Motion for the Issuance of a Writ of Possession over the subject portion of Spouses Taglao's property. In another Order10 dated June 23, 1999, the RTC thereafter declared as condemned the subject property. On July 21, 1999, the RTC directed the parties to submit the names of their recommended commissioners for the purpose of detennining just compensation.11 The NPC recommended Engineer Moiselito C. Abcejo (Engr.

Abcejo), while Spouses Taglao recommended Atty. Elueterio G. Zaballero (Atty. Zaballero). On June 19 2001, the NPC's recommended commissioner, Engr. Abcejo, submitted a Commissioner's Report12 recommending the amount of P156,690.44 as just compensation for the subject portion, broken down as follows: a) P4,490.44 as easement fee (10% of the fair market value of the subject portion based on Tax Declaration); b) P151,570.00 as the value of damaged improvements; and c) P300.00 as tower occupancy fee for two legs.

On the other hand, the commissioner for Spouses Taglao, Atty. Zaballero, submitted a Report recommending the amount of P12,858,000.00 as just compensation. The value was pegged at P2,500.00 per sq.m., the market value of the subject property as of August 15, 2000. The Ruling of the RTC In a Decision13 dated January 13, 2003, the RTC fixed the market value of the subject property at P1,000.00 per sq.m.

by ruling in this Wise: The lot is unregistered and classified as orchard per Tax Declaration No. 014-00026 with a total area of 5,143 square meters. The affected area by the KV Tayabas-Dasmariñas transmission line project is 3,573 square meters and situated along a Barangay Road. Based on the foregoing considerations, this Court fixes the market value at P 1,000.00 per square meter.

Considering that plaintiff is not seeking to purchase or acquire the areas affected but merely seeking for an easement of right-of-way, this Court fixes the just compensation at P509,170.00 applying the following formula[:] Easement Fee = Market Value x Area Affected x 10%