Cordova town wins case on expropriation of lots

CEBU, Philippines - The Municipality of Cordova, Cebu has won the case in the Supreme Court over the expropriation of the private lots affected by the access road leading to the roll-on/roll-off (RORO) port in the area.

The lots located in Barangay Alegria, Cordova are owned by Pathfinder Development Corporation, Topanga Development Corporation and businessman Eric Ng Mendoza.

On February 17, 2011, the municipality, through then mayor Adelino Sitoy filed an expropriation complaint against the owners of the properties. Later, the mayor filed a motion to place the municipality in possession of the properties sought to be expropriated.

On March 4, 2011, Pathfinder and Topanga filed an action for declaration of nullity of the expropriation ordinance before the Regional Trial Court of Mandaue City claiming that there was no offer addressed to them to buy the lots.

The RTC granted on August 12, 2011 the petition but the Court of Appeals reversed the decision in favor of Pathfinder and Topanga, prompting the municipality to elevate the matter to the Supreme Court.

In its decision dated June 29 penned by SC Third Division Associate Justice Diosdado Peralta, the high court said the CA erred when it held that the RTC acted with grave abuse of discretion.

"The power of eminent domain is essentially legislative in nature but may be validly delegated to local government units. The basis for its exercise by the Municipality of Cordova, being a local government unit, is granted under Section 19 of Republic Act 7160," read the decision.

Pathfinder and Topanga had contended that the trial court issued an Order of Condemnation of the properties without previously conducting a proper hearing for the reception of evidence of the parties.

However, the Supreme Court said no hearing is actually required for the issuance of a writ of possession, which demands only two requirements: the sufficiency in form and substance of the complaint, and the required provisional deposit.

"Here, there is indeed a necessity for the taking of the subject properties as these would provide access towards the RORO port being constructed in the municipality. The construction of the new road will highly benefit the public as it will enable shippers and passengers to gain access to the port from the main public road or highway," read the order.

"Indubitably, since the complaint was found to have been sufficient in form and substance and the required deposit had been duly complied with, the issuance of the writ had aptly become ministerial on the part of the RTC. It cannot be said, therefore, that the RTC committed grave abuse of discretion when it found the taking of the properties of Topanga and Pathfinder proper," it added. —/ATO (FREEMAN)