591 Phil. 67
CARPIO, J.:
On 11 November 1998, the NHA filed a motion for reconsideration of the 4 September 1998 Order. In its 10 May 1999 Order,[6] the trial court denied the motion for reconsideration. The trial court held that, "Sadly and regretably, until today, defendant [NHA's] socialized housing project envisioned for subject lot is still a dreamer's dream and only heaven knows when this dream becomes a reality."WHEREFORE, judgment is hereby rendered in favor of the plaintiff and against the defendants:
- The defendant NHA from March 10, 1983 when actual possession of subject lot was transferred to it by Sheriff Mangahas of the City Sheriff of Manila to the present or a period of fourteen (14) years, has not devoted the same to any kind of public purpose or use; on the contrary it is now occupied by squatters[;]
- There has been no actual payment of just compensation to the plaintiffs landowners; the mere deposit with the [Philippine National Bank] Heart Center Branch of the amount of [P66,400.00] could not legally be considered payment, it is the job and responsibility of the defendant NHA to effect and facilitate payment by initiating a case for the settlement of the estate of the deceased Ignacio Jao Tayag[;]
- x x x x
- The Plaintiffs obviously suffered damages by reason of their dispossession from subject lot without any concrete moves on the part of NHA to develop the same for any public purpose; ten thousand [pesos (P10,000.00)] a month to compensate for the deprivation of the occupancy and use thereof from March 1983 up to the present is reasonable[;]
- Not having paid the just compensation for subject lot and not having devoted the same for any kind of public use for the last fifteen (15) years, defendant NHA should reconvey the same to the plaintiff.
- Declaring and finding that defendant NHA has utterly failed to comply with the provisions of our Constitution and Article 435 of the Civil Code on Eminent Domain in the expropriation of subject lot, that is, there was taking but there was no payment of just compensation of subject lot until the present; NHA has not also devoted the subject lot for any kind of public use or purpose during the last fifteen years.
- Ordering NHA to reconvey subject lot to the plaintiff.
- Ordering the defendants to pay the plaintiff the sum of ten thousand [pesos (P10,000.00)] a month for the loss of possession and use of the subject property and the further sum of five hundred thousand [pesos (P500,000.00)] as damages to the destroyed improvements thereon with legal interest, until the property is restored to the plaintiffs.
- Ordering defendant NHA to pay plaintiff the sum of twenty thousand pesos (P20,000.00) for attorney's fees and costs of suit. (Emphasis supplied)
This is to certify that on February 11, 2000 a decision/resolution rendered in the above-entitled case was filed in this Office, the dispositive part of which reads as follows:On 12 April 2000, Jao filed a motion for the issuance of a writ of execution.[8] In the writ of execution dated 29 June 2000, the trial court commanded Sheriff Benjamin E. Garvida (Sheriff Garvida) to cause the NHA to (1) reconvey the property; (2) pay P10,000 for every month that Jao was deprived of possession and use of the property; (3) pay P500,000 for the damages to the improvements on the property, with 6% annual interest; (4) pay P20,000 attorney's fees and costs of suit, and (5) pay the legal fees for the execution of judgment. Sheriff Garvida furnished the PNB a notice of garnishment against the P66,400 deposit.
"WHEREFORE, in view of the foregoing, the motion for reconsideration filed by plaintiff-appellee, is hereby GRANTED and accordingly, our Resolution of November 8, 1999 allowing defendants-appellants to pay the required docket fees hereby recalled and set aside and the instant appeal ordered DISMISSED.
SO ORDERED."
and that the same has, on March 9, 2000 become final and executory and is hereby recorded in the Book of Entries of Judgments. (Emphasis supplied)
Rule 67, Section 11 of the Rules of Court provides, x x x, "But if the appellate court determines that the plaintiff has no right of expropriation, judgment shall be rendered ordering the Regional Trial Court to forthwith enforce the restoration to the defendant of the possession of the property and to determine the damages which the defendant sustained and may recover by reason of the possession taken by the plaintiff." This provision applies to the instant case as the annulment of the expropriation proceedings as found by this court is tantamount to a finding that the NHA has no right of condemnation, ergo, damages can be recovered. And, speaking of damages, the aforequoted provision of law does not provide for a limitation. In the same wise, the Court in Visayan vs. Camus, supra, has no mention that the amount of damages recoverable is limited only to the amount of the preliminary deposit. Among others, the Court in the said case ruled that, "In the eventuality that the expropriation shall not be consummated, the owners will be protected by the deposit from any danger of loss resulting from the temporary occupation of the land by the government, for it is obvious that this preliminary deposit serves the double purpose of a prepayment upon the value of the property, if finally expropriated and as an indemnity against damages in the eventuality that the proceedings should fail of consummation." Indubitably, the pronouncement does not meant [sic] to be a limitation on the amount of damages recoverable, but, that the preliminary deposit serves as protection and security for the property owner.The NHA filed a motion for reconsideration of the 14 September 2000 Order. In its Order[12] dated 28 June 2001, the trial court denied the motion. On 31 August 2001, the NHA filed a petition for certiorari[13] with the Court of Appeals praying that the 14 September 2000 and 28 June 2001 Orders be set aside. The NHA alleged that the trial court committed grave abuse of discretion in issuing the writ of execution because all damages suffered by Jao should be answered by, and limited to, the P66,400 deposit.
Further, in Metropolitan Water District vs. Sixto de los Angeles, 55 Phil. 783, where the government petitioned for the dismissal of the expropriation proceedings after the case has been appealed to the Court of Appeals by both the government and the owners of the properties and after a considerable period of time, the Court observed and paused [sic] a question, "Should not the plaintiff for causing damage to the defendants be required under the facts in the present case to answer for all the damages occasioned to the defendants? That question must certainly be answered in the affirmative." The court resolved.
The Court likewise ruled, "That whether the question of the determination of damages be in this or a separate action, the lower court should take into consideration, for the purpose of determining the amount of damages, the following: (1) The loss resulting from the dispossession of the land; (2) The loss resulting from the deprivation of the use and occupation of the land; (3) The expenses incurred during the pendency of this action, including attorney's fees, etc.; (4) The destruction of buildings, canals and growing crops at the time of the occupation of the land by the petitioner; and (5) All of the damages of whatever kind or character which the defendant may be able to prove and which have been occasioned by virtue of the institution of the present action."
Again, in this case, the Court enumerated the guidelines in determining the amount of damages. And, clearly, there is no occasion that the Court has limited the liability recoverable only to a certain amount. In the light of the foregoing, the instant motion is hereby DENIED for lack of merit.[11] (Emphasis supplied)
Foremost, this petition in essence takes the form of an appeal on the original decision that adjudged NHA's liability in excess of the initial deposit of the just compensation. However, we cannot allow petitioner to attack anew the merits of this case after it has long attained finality and is already executory. Worthy to point out is the fact that the subject of this petition is just the order denying the motion to quash writ of execution and notice of garnishment, which are the corollary consequences of the finality of the original case for recovery of possession of property. When herein petitioner failed to further advance its case, the same has [sic] attained finality as evidenced by the entry of judgment in this Court dated March 9, 2000 (Ibid. page 36). Hence, at this juncture, we cannot permit another glance at the merits of this case without transgressing settled rule and jurisprudence.The NHA filed a motion for reconsideration of the 16 July 2002 Decision. In a Resolution[16] dated 10 January 2003, the Court of Appeals denied the motion. Hence, this petition. The NHA alleged that the Court of Appeals erred in holding that the petition took the form of an appeal and that the trial court did not commit grave abuse of discretion.
x x x x
The respondent judge has not committed a grave abuse of discretion amounting to lack or excess of jurisdiction correctible [sic] by certiorari. In fact there was no discretion allowed in the circumstance obtaining in this case. It must be recalled that the subject of the writ of execution sought to be quashed by herein petitioner is already final and executory.[15] (Emphasis supplied)