This case has been cited 2 times or more.
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2009-08-14 |
CARPIO, J. |
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| However, we agree with the appellate court that the trial court's decision is not clear as to its basis for ascertaining just compensation. The trial court mentioned in its decision the valuations in the reports of the City Appraisal Committee and of the commissioners appointed pursuant to Rule 67. But whether the trial court considered these valuations in arriving at the just compensation, or the court made its own independent valuation based on the records, was obscure in the decision. The trial court simply gave the total amount of just compensation due to the property owner without laying down its basis. Thus, there is no way to determine whether the adjudged just compensation is based on competent evidence. For this reason alone, a remand of the case to the trial court for proper determination of just compensation is in order. In National Power Corporation v. Bongbong,[33] we held that although the determination of just compensation lies within the trial court's discretion, it should not be done arbitrarily or capriciously. The decision of the trial court must be based on all established rules, correct legal principles, and competent evidence.[34] The court is proscribed from basing its judgment on speculations and surmises.[35] | |||||
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2008-10-17 |
TINGA, J. |
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| In National Power Corporation v. Manubay Agro-Industrial Development Corporation[39] involving an easement of a right-of-way over a parcel of land that would be traversed by high-powered transmission lines, the Court held that the nature and effect of the installation of power lines and the limitations on the use of the land for an indefinite period would deprive the owners of the normal use of their properties. Thus, just compensation must be based on the full market value of the affected properties.[40] This ruling was reiterated in NPC v. Bongbong[41] which also pertained to the acquisition of a simple right-of-way easement for the passage of overhead transmission lines. | |||||