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Case Digest: Heirs of Feliciano, Jr. vs. Land Bank of the Philippines | G.R. No. 215290 | Jan 11, 2017

Heirs of Feliciano, Jr. vs. Land Bank of the Philippines  G.R. No. 215290 | Jan 11, 2017 PERLAS-BERNABE, J FACTS: The case involves a petition brought forth by the heirs of Pablo Feliciano, Jr. to ascertain the correct just compensation for their expropriated agricultural land—a 300-hectare parcel located in Camarines Sur. Initially, in 1972, a portion of the land was categorized as un-irrigated riceland and consequently included under the Comprehensive Agrarian Reform Program (CARP). The Department of Agrarian Reform (DAR) appraised the land at P1,301,498.09, which the Feliciano heirs contested. Following administrative proceedings, the Office of the Provincial Agrarian Reform Adjudicator evaluated the land's value at P4,641,080.465 or an average of P34,302.375 per hectare. The Land Bank of the Philippines (LBP) then filed a petition for just compensation determination before the Regional Trial Court (RTC), initially dismissed but eventually reinstated. The Feliciano heirs subsequ...

Case Digest: Jesus is Lord Christian School Foundation Inc. vs. Municipality (now City) of Pasig | G.R. No. 152230 | Aug 9, 2005

Jesus is Lord Christian School Foundation Inc. vs. Municipality (now City) of Pasig G.R. No. 152230 | Aug 9, 2005 CALLEJO, SR., J   FACTS: Petitioner Lourdes De La Paz Masikip is the owner of a parcel of land in Pasig City. Upon receiving notification from the City of Pasig regarding its intention to expropriate a portion of her property for sports development and recreational activities for the residents of Barangay Caniogan, Masikip contested the action, asserting that it is unconstitutional, invalid, and oppressive. She argued that such expropriation is unnecessary given the presence of an established sports and recreational center at Rainforest Park in Pasig City. Despite her objections, the City of Pasig proceeded by filing a complaint for expropriation. In response, Masikip filed a motion to dismiss the complaint, citing reasons including the lack of genuine necessity for the taking, the arbitrary choice of property for expropriation, and the discrepancy between the fair mark...

Case Digest: Masikip vs. City of Pasig | G.R. No. 136349 | Jan 23, 2006

 Masikip vs. City of Pasig  G.R. No. 136349 | Jan 23, 2006 SANDOVAL GUTIERREZ, J FACTS: Petitioner Lourdes De La Paz Masikip is the owner of a parcel of land in Pasig City. Upon receiving notification from the City of Pasig regarding its intention to expropriate a portion of her property for sports development and recreational activities for the residents of Barangay Caniogan, Masikip contested the action, asserting that it is unconstitutional, invalid, and oppressive. She argued that such expropriation is unnecessary given the presence of an established sports and recreational center at Rainforest Park in Pasig City. Despite her objections, the City of Pasig proceeded by filing a complaint for expropriation. In response, Masikip filed a motion to dismiss the complaint, citing reasons including the lack of genuine necessity for the taking, the arbitrary choice of property for expropriation, and the discrepancy between the fair market value of the property and the amount stated...

Case Digest: Republic vs. De Knecht | G.R. No. 87335 | Feb 12, 1990

Republic vs. De Knecht  G.R. No. 87335 | Feb 12, 1990 GANCAYCO, J FACTS:  The Republic of the Philippines initiated an expropriation proceeding against homeowners along Fernando Rein-Del Pan streets, including Cristina De Knecht, with the aim of extending Epifanio de los Santos Avenue (EDSA) to Roxas Boulevard. In response, De Knecht filed a motion to dismiss, citing various grounds such as lack of jurisdiction, the pendency of an appeal with the President of the Philippines, prematurity of the complaint, and arbitrary and erroneous valuation of the properties. Despite this, the lower court issued a writ of possession. However, the Supreme Court intervened and on October 30, 1980, nullified the writ. The Supreme Court determined that the selection of Fernando Rein-Del Pan streets as the route for the EDSA extension was arbitrary and should not be endorsed by the judiciary. As a result, the decision became final, and the lower court was instructed to dismiss the expropriation c...