Case Digest: NAPOCOR vs Bernal

By ResIpsaLoquitor -
NAPOCOR vs Teresita Diato-Bernal

GR No. 180979                                               December 15, 2010

Facts:
NAPOCOR is a government owned and control corporation, for the purpose of undertaking development of hydroelectric power throughout the Philippines and NAPOCOR is authorized to exercise the power of eminent domain. Bernal is a registered owner oof a parcel of land along the highway. NAPOCOR filed an expropriation suit against respondent for NAPCOR needs to acquire an easement over Bernal's property. The parties filed a partial compromise agreement to the RTC, and the RTC proceeded to determine the amount of just compensation. The RTC appointed tree commissioners to assess the fair market value of the subject property.Thereafter, the commissioners submitted their report to the RTC recommending that the just compensation be at P 10,000.00 per square meters. NAPOCOR filed an opposition asserting that it was not substantiated by any official documents or registered deeds of sale of the subject property's neighboring lots. That the report was not based on any document evidenced is hearsay and should be disregarded by the court and the property should be P 3,500.00 per square metersconsidering the resolution of PAC-Cavite, which was denied by the RTC. The NAPOCOR made an appeal and contended the same. Respondent, moved for the dismissal of the petition on the ground that it raises purely factual questions which is beyond the ambit of a Petition for Review on Certiorari under Rule 45 or the Rules of Court.

Issue:
Whether or not the case give rise to a question of fact or of law.
Whether or no the report of the commission is not based on documentary evidence or a hearsay.

Ruling:
It raises a question of law. That is whether or not the resolution of the PAC-Cavite should prevail over the valuation report of the commissioners. A question of law exist when the doubt or controversy concerns the correct application of law or jurisprudence to a certain set of facts, or when the issue does not call for an examination of the probative value of the evidence presented, the truth or falsehood of facts being admitted. A question of fact exists when the doubt or difference arises as to the truth of falsehood of facts or when the query invites calibration of the whole evidence surrounding the circumstances as well as their relation to each other and to the whole, and the probability of the situation.

Yes, the submitted report by the commissioners in not evidenced by any document (i.e. market sales data and price listings) in support of the price of the subject property. The just compensation should be redetermined by the RTC.

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