[ G.R. No. L-3858, March 14, 1952 ]
THE CITY OF MANILA, PLAINTIFF AND APPELLANT VS. J. ANTONIO ARANETA, AS EXECUTOR OF THE ESTATE OF THE LATE ANGELA S. TUASON, DEFENDANT AND APPELLEE.
D E C I S I O N
Action instituted by the City of Manila under and pursuant to the provisions of Rep. Act No. 409 to expropriate six parcels of land for the purpose of subdividing the same into home lots and reselling the lots on easy terms to city residents in
accordance with the provisions of section 100 of Rep. Act No. 409.
The trial court dismissed the complaint on the ground that the Rural Progress Administration had already taken steps to acquire the same parcels of land for the same purpose.
Order of dismissal appealed from is set aside and the case remanded to the lower court to determine whether said six parcels of land sought to be expropriated are included or not in the seven hectares of land which the Rural Progress Administration had acquired or agreed to acquire from the Estate of the late Angela S. Tuason.
The trial court dismissed the complaint on the ground that the Rural Progress Administration had already taken steps to acquire the same parcels of land for the same purpose.
Order of dismissal appealed from is set aside and the case remanded to the lower court to determine whether said six parcels of land sought to be expropriated are included or not in the seven hectares of land which the Rural Progress Administration had acquired or agreed to acquire from the Estate of the late Angela S. Tuason.