City Of Manila v. Corrales

JOHNSON, J.:

The present action was commenced on the 22nd of May, 1913, in the Court of First Instance of the City of Manila. It was brought for the purpose of condemning certain property under the power of eminent domain. The complaint alleged that the property in question was necessary for the purpose of opening or building a street running from Calle Marques de Comillas to Calle Nozaleda, crossing Calle San Marcelino and Taft Avenue.

The plaintiff was able to purchase much of the land necessary for said construction. The property involved in the present action is represented by the following plan: The question of the necessity for said condemnation was submitted to the court. After hearing the respective parties it was agreed that the opening or construction of said proposed street was necessary.

Whereupon, by agreement of all the parties, Mauro Prieto, Alfonso Tiaoqui, and Denis J. Mahoney were appointed as commissioners to view and appraise the property involved in the present action and to report their findings and conclusions to the court. said commissioners were duly sworn and entered upon the performance of their duty. They held many sessions and heard all of the witnesses which the respective parties desired to present.

After hearing all of the proofs presented relating to the value of the property involved, said commissioners unanimously agree upon and made the following report: By virtue of an order issued by the Honorable A.S. Crossfield, judge Court of First Instance, under date of September 1, 1913, the undersigned, Mauro Prieto, Alfonso Tiaoqui and Denis J. Mahoney were appointed commissioners to hear the parties, view the premises and assess the damages to be paid for the condemnation of the properties required to be expropriated in the above-entitled case. The commissioners, after having duly qualified and after having duly notified all the parties concerned, inspected the premises to be expropriated on September 13, 1913, and on the same date and on various subsequent dates held various sessions at which evidence, oral and documentary, relative to the property of Fernanda F. Corrales and children was offered and received.

A complete report of the proceedings is submitted herewith. After all the evidence obtainable had been submitted by the litigants, the commissioners, after a careful analytical study of the evidence, decided to make the following appraisement and assessment of damages for the premises to be expropriated belonging to Fernanda F. Corrales and children. The land sought to be expropriated, parcel No. 2, Exhibit A hereto attached, was found to be considerably lower than the present level of Calle Marques de Comillas and lower than level of the proposed boulevard: For parcel No. 2, city engineer's plan F-10-161 F, hereto attached and marked Exhibit A, having an area of 1,837.20 sq.

m., after deducting cost of fill required to bring to normal street level P9,284.15 This sum is arrived at by the following calculations: 30 meters deep, Calle M. de Comillas, 483.76 sq. m., @ P8.00 P3,870.08 Interior area, 1,353.44 sq. m., @ P5.00 6,767.20 Total, 1,837.20 sq.

m.