
Originally Posted by
giddyboy
i don't want to call that influence peddling. kung ikaw governor, asa man diay ka dapig? of course sa Republic of the Phils. vs squatters.
do u even have the idea who were the professional land grabbing and squatting syndicates in that area before and up to now? clearly it is not the Cebu Province...no need to elaborate.
i think u didn't even bother to read the SC jurisprudence in detail. your facts are not complete, that's why u gave a skewed opinion on the matter. to enlighten, here's a summary detail:
"on Dec 29, 1961, judgment was rendered in the expropriation case in favor of RP which was made to pay Virginia Chiongbian the amt of P34,415.00 for Lot 941, with legal interest computed from Nov 16, 1947, the date when the govt begun using it. Virginia Chiongbian did not appeal therefrom.
Thereafter, absolute title to Lot 941 was transferred to the RP.
Then, in 1990, Rep Act No. 6958 was passed by Congress creating the MCIAA to which the assets of the Lahug Airport was transferred. Lot was then transferred in the name of MCIAA.
On Jul 24, 1995, V. Chiongbian filed a complaint for reconveyance w/ the RTC of Cebu, alleging, that sometime in 1949, the Nat'l Airport Corp (NAC) ventured to expand the Lahug Airport. As a consequence, it sought to acquire by expropriation or negotiated sale several parcels of lands adjoining the Lahug Airport, one of which was Lot 941 owned by V. Chiongbian. Since she & other landowners could not agree with the NAC’s offer for the compensation of their lands, a suit for eminent domain was instituted on April 16, 1952, before the then Court of First Instance of Cebu (Branch III), against forty-five (45) landowners, including V. Chiongbian, entitled “RP vs. Damian Ouano, et al.”It was finally decided on Dec 29, 1961 in favor of the RP...
However, no expansion of the Lahug Airport was undertaken by MCIAA and its predecessors-in-interest. In fact, when MCIAA was opened for commercial flights, the Lahug Airport was closed at the end of 1991 and all its airport activities were undertaken at and transferred to the MCIAA. Thus, the purpose for which Lot 941 was taken ceased to exist.
On June 3, 1997, the RTC rendered judgment in favor of the respondent V. Chiongbian.
MCIAA appealed the decision to the CA, which affirmed the RTC decision. Motion for Reconsideration was denied hence this petition where MCIAA raises the following grounds in support of its petition.
(simply put, CA erred in upholding the RTC ruling)
The judgment rendered therein was unconditional and did not contain a stipulation that ownership thereof would revert to CHIONGBIAN nor did it give CHIONGBIAN the right to repurchase the same in the event the lot was no longer used for the purpose it was expropriated. Moreover, CHIONGBIAN’s claim that there was a repurchase agreement is not supported by documentary evidence. The mere fact that twenty six (26) other landowners repurchased their property located at the aforementioned Lahug airport is of no consequence considering that said landowners were able to secure a rider in their contracts entitling them to repurchase their property.
We come now to the substantive aspects of the case wherein the issue to be resolved is whether the abandonment of the public use for which Lot No. 941 was expropriated entitles CHIONGBIAN to reacquire it.
When land has been acquired for public use in fee simple, unconditionally, either by the exercise of eminent domain or by purchase, the former owner retains no rights in the land, and the public use may be abandoned, or the land may be devoted to a different use, without any impairment of the estate or title acquired, or any reversion to the former owner.
“IN VIEW OF THE FOREGOING, judgment is hereby rendered:
1. Declaring the expropriation of Lots Nos. 75, 76, 89, 90, 91, 105, 106, 107, 108, 104, 921-A, 88, 93, 913-B, 72, 77, 916, 777-A, 918, 919, 920, 764-A, 988, 744-A, 745-A, 746, 747, 752-A, 263-A, 941, 942, 740-A, 743, 985, 956, 976-A, 984, 989-A; and 947, including in the Lahug Airport, Cebu City, justified and in lawful exercise of the right of eminent domain
ACCORDINGLY, the Decision of the CA is hereby REVERSED and SET ASIDE. The complaint of V.Chiongbian against MCIAA for reconveyance of Lot No. 941 is DISMISSED."
AND THAT IS WHAT U CALL BULLCRAP?!?
and do u even know that CPVDC is a joint venture w/ the Province and the Ayalas and was initiated by former guv Lito O? get ur facts straight.
u say bullcrap ang eminent domain policy. and mind u, it is stated in our constitution. so if we follow ur logic, bullcrap sab diay ang atong constitution.
do u even know who was hypocrite during that time? it was V. Chiongbian. and mind u, justice was served fairly and squarely. nya hawod ang Capitol (or even Gwen) diay ana dapita? don't even think I'm defending Gwen. I'm actually defending the SC decision.
if it's not suya, it surely could only be skewed understanding of facts.
an assumption only backed up w/ skewed facts.
hahaha. what about the Fuente Osmena? what about the old Larsian sauna? what about the Cebu Zoo? LOLs
as an example:
the zoo property is part of Lot No. 1298 with an area of 222,110 sqm.
The province donated lot No. 1298 and an adjacent lot No. 1303 with an area of 3,160 square-meter to the Boy Scouts of the Philippines (BSP) in 1969.
But the disputed area was excluded from the deed of donation since it was land reserved as a relocation site for the Cebu City Zoo which at that time was to be moved out of its location in the Fort San Pedro.
There was no donation of the site to the Cebu City Zoo or the City of Cebu.
Since the exclusion of the property for the zoo was a “gratuitous act” of Cebu province it could be “unilaterally withdrawn” by the Province of Cebu which may exercise its rights as owner.
But since Tomas has insisted that the zoo is owned by Cebu City, he dared the Province to sue him in court.
now who do u think is ang MANGINGILOG ug yuta sa uban? kinsa may feeling hawod rn beh? LOLs