523 Phil. 69
CALLEJO, SR., J.:
Name | Title No. |
1) Edgar Macabangkit | - OCT No. P-1003 |
2) Nasser Macabangkit | - OCT No. P-1004 |
3) Sayana Macabangkit | - OCT No. P-1005 |
4) Manta Macabangkit | - OCT No. P-1007 |
5) Cebu Macabangkit | - OCT No. P-1008 |
6) Batowa-an Macabangkit | - OCT No. P-1010 |
7) Amir Macabangkit | - OCT No. P-1012 |
8) Monkoy Macabangkit | - OCT No. P-1027 |
9) Putri Macabangkit | - OCT No. P-1028[3] |
They prayed that judgment be rendered in their favor after due proceedings, to wit:
- In the early part of 1996, plaintiffs entered into a Memorandum of Agreement with Global Asia Management and Resource Corporation for the sale of their property. On July 5, 1996, plaintiffs received a letter from the Global Asia Management and Resource Corporation, refusing the plaintiffs' land due to the presence of defendant's underground tunnel. Copy of the Memorandum of Agreement and the subsequent withdrawal of Global Asia Management and Resource Corporation, from the agreement are attached herewith as ANNEXES "W" and "X," forming as part hereof;
- On October 10, 1996, plaintiffs offered their land as collateral for a loan applied with the Al-Amanah Islamic Investment Bank of the Philippines, Iligan City Branch, and again the said parcels of land were not accepted as collateral due to the presence of defendant's underground tunnel, copy of the letter of the said Bank, dated October 10, 1996 is herewith attached and marked as ANNEX "Y," forming as part hereof;
- That the act of defendant is equivalent to unlawful taking and condemnation of plaintiffs' parcels of land, without just compensation and/or reasonable rental since 1979. Written and oral demands were made for defendant to vacate and remove its tunnel, or, in the alternative, to pay just compensation and rental of plaintiffs' parcels of land, but defendant refused and continuously refuses, sans any valid ground. Copy of plaintiffs' demand letter is attached herewith as ANNEX "Z" forming as part hereof. Also, the answer of defendant to plaintiffs' demand letter is also attached herewith and marked as ANNEX "Z-1," forming as part hereof;
- That, as a consequence of defendant's unlawful taking and condemnation of plaintiffs' properties and the illegal construction of defendant's underground tunnel, the defendant were deprived of the agricultural, commercial, industrial and residential value of their land aforesaid;
So also, by the same reason aforestated, the surface of plaintiffs' land became unsafe for habitation as the defendant's tunnel will someday collapse, and the surface will be carried by the current of the water. Those of plaintiffs and workers with houses on the surface were forced to transfer to a safer site in 1996, as they were continuously disturb day and night, because of fear and the danger, coupled by the sound being produce by the water flow and which sometime shake the surface;- That the current aggregate assessed value of plaintiffs, parcels of land as indicated in their respective Tax Declarations is ONE HUNDRED SIX THOUSAND AND SEVEN HUNDRED TEN (P106,710.00) PESOS, more or less;
- That defendant must be held liable for damages in the form of rental and other damages starting [from] 1979 when the defendant's underground tunnel was constructed up to the present, plus additional damages beyond 1997, should defendant continue to illegally stay on plaintiffs' land, in such amount as may be determined and deemed just and equitable by the Honorable Court;
- That it is necessary for defendant to dismantle its underground tunnel illegally constructed beneath the lands of plaintiffs and to deliver possession of the same to plaintiff the subterrain illegally occupied by defendant;
- The construction of the tunnel by defendant beneath plaintiffs' parcels of lands have caused danger to their lives and properties; sleepless nights, serious anxiety, and shock, thereby entitling them to recover moral damages in the amount of TWO HUNDRED THOSUAND (P200,000.00) PESOS. And by way of example to deter persons similarly minded and for public good, defendant may be held liable for exemplary damages, also in the amount of TWO HUNDRED THOUSAND (P200,000.00) PESOS. Or in both cases, in such amount as may be determined by the Honorable Court;
- That to protect the interest of the plaintiffs and for purposes of filing the instant case, they were compelled to engage the services of counsel, in the amount equivalent to TWO [HUNDRED] THOUSAND (P200,000.00), plus court appearance fee of ONE THOUSAND (P1,000.00), as and by way of attorney's fees.[6]
WHEREFORE, premises considered, plaintiffs pray that judgment be rendered as follows:In its answer to the complaint, NAPOCOR interposed the following special and affirmative defenses:
- Directing defendants to remove and dismantle its underground tunnel constructed beneath the land of plaintiffs and to deliver possession of the subterrain area illegally occupied by defendant;
- To pay plaintiffs a monthly rental from 1979 up to the time the defendant vacates the subterrain of the land of plaintiffs, in such amount as may be considered reasonable by the Honorable Court;
- In the alternative, if and when the removal of defendant's underground tunnel is not legally possible, to pay plaintiffs of the just compensation of their land in the amount as may be deemed reasonable by the Honorable Court. But, in either case, (either by the removal of the tunnel or by paying just compensation) to pay plaintiffs a reasonable rental;
- To pay moral damages in the amount of TWO HUNDRED THOUSAND (P200,00.00) PESOS and exemplary damages of another TWO HUNDRED THOUSAND (P200,000.00) PESOS, or in such respective amount as may be determined by the Honorable Court;
- Pay attorney's fees in the amount of TWO HUNDRED THOUSAND (P200,000.00), plus appearance fee of ONE THOUSAND (P1,0000.00) PESOS, as and by way of attorney's fees;
- Such other relief deemed just and equitable under the circumstance.[7]
The Heirs adduced in evidence the Certificate issued by the City Assessor's Office stating that the property had an assessed value of P400.00 to P500.00 per square meter. Witnesses testified that the adjacent parcels of land were sold at P700.00 and P750.00 per square meter and that the area where the property is located is classified as industrial, and residential and adjacent to subdivisions with industrial classification.[9]
- That while it is true that under Article 437 of the New Civil Code, the owner of a parcel of land is the owner of its surface and everything under it and can therefore construct thereon any work or make any plantation and excavation which he may deem proper, yet, such exercise of right is without detriment to servitude and is subject to other limitations imposed either by special law or ordinances;
- That under Section 3, paragraph (f) of Republic Act 6395, as amended, which, by its nature, is a special law, defendant herein is authorized to take water from any public stream, river, creek, lake, spring or waterfall in the Philippines for the purposes specified therein; to intercept and divert the flow of water from lands of riparian owners and from persons owning or interested in water which are or may be necessary to said purposes, upon payment of just compensation therefor; to alter, straighten, obstruct or increase the flow of water in streams or water channels intersecting or connecting therewith or continuous to its works or any part thereof; thus, the construction of tunnel by defendant is legal and sanctioned by law;
- That assuming arguendo, without admitting, that a tunnel was indeed constructed in 1979 under the land claimed by the plaintiffs, their cause of action against the defendant is barred not only by prescription but also by estoppel and laches. Under our laws and jurisprudence, easement of aqueduct canals and tunnels are apparent and continuous easement and any action arising therefrom prescribes in five (5) years which prescriptive period is to be reckoned from its accrual. In the instant case, the cause of action of the plaintiffs, if any, has accrued in 1979 and yet they only filed the complaint in 1997 or after the lapse of almost eighteen (18) years;[8]
WHEREFORE, premises considered:The RTC declared that the construction of the underground tunnel affected the entire area of the Heirs' property. Consequently, plaintiffs lost the agricultural, industrial, commercial and residential value of the land.1. The prayer for the removal or dismantling of defendant's tunnel is denied[.] However, defendant is hereby directed and ordered:a) To pay plaintiffs' land with a total area of 227,065 square meters, at the rate of FIVE HUNDRED (P500.00) PESOS per square meter, or a total of ONE HUNDRED THIRTEEN MILLION FIVE HUNDRED THIRTY TWO THOUSAND AND FIVE HUNDRED (P113,532,500.00) PESOS, plus interest, as actual damages or just compensation;b) To pay plaintiffs a monthly rental of their land in the amount of THIRTY THOUSAND (P30,000.00) PESOS from 1979 up to July 1999 with 12% interest per annum;c) To pay plaintiffs the sum of TWO HUNDRED THOUSAND (P200,000.00) PESOS, as moral damages;d) To pay plaintiffs, the sum of TWO HUNDRED THOUSAND (P200,000.00) PESOS, as exemplary damages;e) To pay plaintiffs, the sum equivalent to 15% of the total amount awarded, as attorney's fees, and to pay the cost.
SO ORDERED.[10]
Therefore, paragraph 1(a) of the dispositive portion of the original decision should read, as follows:Before NAPOCOR was served with a copy of said Decision, the Heirs filed an Urgent Motion for Execution of Judgment Pending Appeal, alleging that execution pending appeal was justified, considering the trial court's finding that it (NAPOCOR) had acted in bad faith in constructing the tunnel. They pointed out that it had been illegally occupying their land for a long period of time without any compensation or rental having been paid to them, and that to prolong the execution of the decision would likewise prolong its illegal act. The Heirs pointed out that once they received their share of the money judgment, they would be able to purchase safer lands and build new houses thereon. They insisted that any appeal which may be taken by NAPOCOR would be dilatory and frivolous.a) To pay plaintiffs' land with a total area of 227,065 square meters, at the rate of FIVE HUNDRED (P500.00) PESOS per square meter, or a total of ONE HUNDRED THIRTEEN MILLION FIVE HUNDRED THIRTY TWO THOUSAND AND FIVE HUNDRED (P113,532,500.00) PESOS, plus interest, as actual damages or just compensation; Consequently, plaintiffs' land or properties are hereby condemned in favor of defendant National Power Corporation, upon payment of the aforesaid sum;This supplemental decision shall be considered as part of paragraph 1(a) of the dispositive portion of the original decision.[11]
WHEREFORE, premises considered, the Motion for Execution Pending Appeal is therefore granted, but only for the amount equivalent to SEVENTY PERCENT (70%) of the amount awarded as fair market value of plaintiffs land or for a total of SEVENTY-NINE MILLION FOUR-HUNDRED SEVENTY-TWO THOUSAND AND SEVEN HUNDRED FIFTY (P79,472,750.00) PESOS, Philippine Currency, subject to the condition that plaintiffs shall file an execution bond duly approved by this Court, either in cash, surety or property in the amount of ONE MILLION (P1,000,000.00) PESOS, which bond is in addition to plaintiffs land already condemned in favor of the defendant, to answer for any damage that defendant may suffer as a result of the execution of the decision pending appeal, should it later on be ruled on appeal that plaintiffs be not entitled to it and the decision be reversed.The trial court declared that among the good reasons to grant the motion for execution pending appeal was the fact that NAPOCOR had occupied the property and had used it in bad faith since 1979 without having paid just compensation therefor. Moreover, the construction of the tunnel rendered the subject property unfit for industrial, residential, or commercial use because of the danger it posed; neither could the Heirs dispose of the property. Thus, they had the right to compel NAPOCOR to pay the price of the land or the proper rent under Article 450 of the New Civil Code. The trial court also declared that the appeal of defendant was dilatory and frivolous, which was resorted to so that it could continue enjoying and using the property for free. It also stated execution of judgment pending appeal would not cause prejudice or irreparable damage to defendant, since the amount of just compensation sought to be executed was equivalent to the fair market value of the Heirs' land, while the rentals were for NAPOCOR'S use of the land. It also ruled that the Heirs could file their motion for execution pending appeal even before NAPOCOR received a copy of the decision.[15]
Monthly rentals, moral and exemplary damages, attorney's fee and cost are excluded from the execution pending appeal.
Let the corresponding Writ of Execution Pending appeal be issued upon the posting and approval of the aforesaid execution bond. Mr. Montoy Lomondot, Sheriff-IV, RTC, Lanao del Norte is hereby commanded to cause the implementation and execution of the portion of the aforesaid decision in accordance with the Rules of Court, together with his lawful fees for the service of the Writ. He shall be assisted by the other deputy sheriffs assigned to this Court or in another branch after securing the consent of the presiding Judge thereof. He shall likewise be assisted by Atty. Cairoding Maruhom, Ex-officio Provincial/City Sheriff of Lanao del Sur-Marawi City, and Palao Diamla, Sheriff-IV, RTC, Lanao del Sur, subject to the consent of the Presiding Judge concerned.
The Clerk of Court is hereby ordered to assess and collect the corresponding additional filing fee from the judgment award.
SO ORDERED.[14]
On the other hand, in their Complaint filed before the RTC on November 11, 1997, petitioners alleged that the construction of the tunnel by the respondent caused danger to their lives and properties, and gave them sleepless nights, serious anxiety and shock. The Court rules, however, that this claim of petitioners was merely an afterthought and is barren of merit.
- That we constantly fear that an earthquake may happen at any time which would could cause the collapse or caving in of the tunnel with the resultant violent destruction of our houses, and would necessarily cause us serious injuries, or even our death or those of the members of our family. The recent incident of erosion and landslide at Cherry Hills, Antipolo City, is not remote possibility, that it may had happen to us. May God forbid.
- That our fear has been aggravated by the fact that we often feel the vibration of the area beneath our houses whenever the volume of the water that passes through the tunnel increases, especially at midnight. Thus, we have been suffering from sleepless nights or, at least troubled sleep, for countless times ever since the tunnel was illegally constructed by the defendant;
- That as a result of the very real danger that we have been exposed to, we have long decided to leave our houses and reside at the residence of our brother-in-law, one Camama Ibrahim, at Mahayahay, Iligan City, and suffered a humiliating condition, as well as the congestion. As soon as we have the financial means, we have to liberate our family from the same humiliation and congestion, by purchasing a lot and construct a house. We are entitled to a humane, dignified and decent shelter which commensurate to our social standing in the community.
- That we, therefore, need money very badly right now and, if we received our share in the damages awarded to us in the decision, we would readily use it for a suitable land far from the area where the tunnel exists, and build our houses thereon, so that we may be freed from the ever-present fear of a very real danger to ourselves, our families and our properties, which we have been subjected to for many years due to the illegal acts of the National Power Corporation.[31]
What the Court cannot fathom is the fact that shortly after filing their complaint on November 11, 1997, petitioners Edgar and Sayana Macabangkit still dared to establish their residence in the property. Indeed, it is incredible that after discovering the existence of the tunnel and finding the area "very dangerous," petitioners would still choose to live therein. If petitioners truly believed that the tunnel posed danger to their property and their very lives, any decision to stay on would be short of suicidal on their part.
Q Was there anyone of your brothers and sisters who have actually visited/resided in this land in question? A As of now, there is, Sir. Q Will you tell us the name of your brother or sister who is now residing in this land of yours? A Edgar and Sayana Macabangkit. Q Do you know when was it when they started residing in that land of yours? A This year, Sir. COURT: Q This year 1998? A Yes, Your Honor. (TSN, December 1, 1998, pp. 21-23)[32]
Besides, that the appeal is merely dilatory is not a good reason for granting execution pending appeal. As held in BF Corporation v. Edsa Shangri-la Hotel:Petitioners' reliance on the ruling of the CA in National Power Corporation v. Ibrahim,[37] is misplaced. We agree with the following ratiocination of the CA in its decision:... it is not for the trial judge to determine the merit of a decision he rendered as this is the role of the appellate court. Hence, it is not within competence of the trial court, in resolving a motion for execution pending appeal, to rule that the appeal is patently dilatory and rely on the same as basis for finding good reasons to grant the motion. Only an appellate court can appreciate the dilatory intent of an appeal as an additional good reason in upholding an order for execution pending appeal...
We note that in support of its case, private respondents cited the case of National Power Corporation v. Hon. Amer Ibrahim, et al. (CA-G.R. SP No. 41897) which was decided by the Special Seventeenth Division of this Court. In the said case, the discretionary execution granted by the public respondent was upheld. While we are not unmindful of the findings in the said case, it is our opinion that based on the circumstances obtaining in this case, it would best serve the ends of justice if the appeal on the merits of the case is first resolved without any execution pending appeal, not only because the total amount involved is quite substantial - ONE HUNDRED THIRTEEN MILLION FIVE HUNDRED THIRTY-TWO THOUSAND AND FIVE HUNDRED PESOS (P113,532,500.00), but also because of the other matters involved in the appeal.(citation omitted)[38]IN LIGHT OF ALL THE FOREGOING, the petition is DENIED for lack of merit. Costs against the petitioners.