B. H. BERKENKOTTER & CO., though its President GEORGE E. BERKENKOTTER, vs. COURT OF APPEALS and THE REPUBLIC OF THE PHILIPPINES.
- G.R. Number: G.R. No. 89980
- Promulgated: 1992-12-14
- Ponente: Cruz, J.
Doctrine
Just compensation is ascertained as of the time of the taking, usually the commencement of expropriation proceedings (or filing of complaint if action precedes entry).
An owner who previously sold similar property at a given price cannot assert a higher valuation against the Republic for like property — the doctrine of inconsistency applies.
A prior statutory rule (P.D. 1533) fixing valuation lower based on owner’s valuation is noted but does not control where owner rejected the lower offer and insisted on a higher price.
Facts
The sole issue is the just compensation for a 10,640 sqm parcel sought for expropriation for the Apolinario R. Apacible School of Fisheries in Nasugbu, Batangas.
Owner B. H. Berkenkotter & Co. initially asked P50.00/sqm; provincial appraisal fixed market value at P32.00/sqm; owner sold similar lands at P19.18/sqm to private buyers.
The Republic deposited an amount when it took possession; trial court fixed compensation differently but Court of Appeals set it at P19.18/sqm totaling P204,075.20 including deposit.
Petitioner challenged the CA decision arguing higher valuation (grounds summarized by the petition).
Issues
Whether the just compensation for the land should be higher than P19.18 per square meter.
Ruling
The petition is denied; just compensation is affirmed at P19.18 per square meter and the judgment is so ordered with costs against the petitioner.
The Court held the owner’s prior sales of similar nearby lots at P19.18/sqm estop the owner from claiming a higher price for the Republic.
Keywords
G.R. No. 89980, just compensation, expropriation proceedings, Rule 67, Section 5, Rules of Court, market value of the property, owner's loss, taker's gain, consequential benefits, consequential damages, cost of acquisition, current value of like properties, actual or potential uses, tax declarations, time of the taking, filing of the complaint, Resolution No. 2-83, Provincial Appraisal Committee, property, per square meter, compensation