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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 in the complaint. However, the trial court denied her motion, a decision upheld upon Masikip's subsequent motion for reconsideration. Seeking recourse, she filed a special civil action for certiorari with the Court of Appeals, which affirmed the trial court's ruling. Undeterred, Masikip elevated the case to the Supreme Court, maintaining that there exists no evidence to support the genuine necessity for the expropriation, that the public use requirement has not been met, and that the court's orders effectively deprive her of her property without due process of law.

ISSUE:

Whether or not there is a genuine necessity for the expropriation of Masikip's property by the City of Pasig.

RULING:


The Supreme Court handed down a favorable ruling for Lourdes De La Paz Masikip. After reviewing the case, the Court granted her petition for review, thereby overturning the decision of the Court of Appeals. Consequently, the complaint for expropriation filed by the City of Pasig was dismissed. This decision underscored the importance of ensuring that the requirements for expropriation, including genuine necessity and compliance with public use mandates, are diligently met to safeguard property rights and due process.


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Location: Philippines

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