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    NPC V Sps Saludares

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    Diane Dee Yanee
    NAPOCOR constructed high-tension transmission lines across land owned by the Pereyras family in the 1970s as part of a project. In 1981, NAPOCOR initiated expropriation proceedings and was ordered to pay ₱300,000 as just compensation. However, in 1999 the respondent spouses, who owned a portion of the land, filed a complaint against NAPOCOR demanding payment for the transmission lines on their property. The court ordered NAPOCOR to pay ₱750 per square meter as just compensation plus 12% annual interest from 1982 until fully paid. The CA affirmed but reduced the interest rate to 6% annually.

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    NPC V Sps Saludares

    Uploaded by

    Diane Dee Yanee
    248 views1 page
    NAPOCOR constructed high-tension transmission lines across land owned by the Pereyras family in the 1970s as part of a project. In 1981, NAPOCOR initiated expropriation proceedings and was ordered to pay ₱300,000 as just compensation. However, in 1999 the respondent spouses, who owned a portion of the land, filed a complaint against NAPOCOR demanding payment for the transmission lines on their property. The court ordered NAPOCOR to pay ₱750 per square meter as just compensation plus 12% annual interest from 1982 until fully paid. The CA affirmed but reduced the interest rate to 6% annually.

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    Npc v Sps Saludares

    Original Title

    Npc v Sps Saludares

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    NAPOCOR constructed high-tension transmission lines across land owned by the Pereyras family in the 1970s as part of a project. In 1981, NAPOCOR initiated expropriation proceedings and was ordered to pay ₱300,000 as just compensation. However, in 1999 the respondent spouses, who owned a portion of the land, filed a complaint against NAPOCOR demanding payment for the transmission lines on their property. The court ordered NAPOCOR to pay ₱750 per square meter as just compensation plus 12% annual interest from 1982 until fully paid. The CA affirmed but reduced the interest rate to 6% annually.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    248 views1 page

    NPC V Sps Saludares

    Uploaded by

    Diane Dee Yanee
    NAPOCOR constructed high-tension transmission lines across land owned by the Pereyras family in the 1970s as part of a project. In 1981, NAPOCOR initiated expropriation proceedings and was ordered to pay ₱300,000 as just compensation. However, in 1999 the respondent spouses, who owned a portion of the land, filed a complaint against NAPOCOR demanding payment for the transmission lines on their property. The court ordered NAPOCOR to pay ₱750 per square meter as just compensation plus 12% annual interest from 1982 until fully paid. The CA affirmed but reduced the interest rate to 6% annually.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    NAPOCOR vs. Spouses Saludares (G. R. No.

    189127, April 25, 2012) citing


    NAPOCOR v. Heirs of Macabangkit Sangkay (G.R. No. 165828, 24 August 2011)

    Facts:
    Sometime in the 1970s, NAPOCOR constructed high-tension transmission lines to
    implement the Davao-Manat 138 KV Transmission Line Project which traversed a
    12,060-square meter portion of a parcel of agricultural land covered by TCT No. T-15343
    and owned by Esperanza Pereyras, Marciano Pereyras, Laureano Pereyras and Mindaluz
    Pereyras.

    In 1981, NAPOCOR commenced expropriation proceedings covering TCT No. T-15343


    which culminated in a final decision ordering it to pay the amount of ₱300,000 as just
    compensation for the affected property and subrogating Tahanan Realty Development
    Corporation to the rights of the defendants. Pursuant to the Order, NAPOCOR paid the
    corporation the judgment award of ₱300,000 and Tahanan Realty Development
    Corporation executed a Deed of Absolute Sale in favor of the former. This Deed covered
    Lot 481-B, Psd-11012718, which was a portion of Lot 481, Cad. 276.

    Respondent Spouses Bernardo and Mindaluz Pereyras-Saludares are registered owners of


    a 6,561-square-meter parcel of land covered by TCT No. T-109865. On 19 August 1999,
    respondents filed the instant Complaint against NAPOCOR and demanded the payment
    of just compensation. They alleged that it had entered and occupied their property by
    erecting high-tension transmission lines therein and failed to reasonably compensate
    them for the intrusion.

    Petitioner averred that it already paid just compensation for the establishment of the
    transmission lines by virtue of its compliance with the final and executory decision in the
    previously instituted expropriation proceedings.

    The Commissioners appointed by the court recommended the amount of ₱750 per square
    meter as the current and fair market value of the subject property based on the Schedule
    of Market Values of Real Properties within the City of Tagum effective in the year 2000.

    Trial on the merits ensued. On 10 September 2002, the Court ordered NAPOCOR to pay
    the plaintiffs the just compensation for the use, occupation and utilization of the land
    from which it benefited and profited since January 1982, at the rate of ₱750 per square
    meter, plus interest at the rate of 12% per annum reckoned from January 01, 1982, until
    said amount is fully paid, or deposited in Court.

    The CA affirmed the trial court’s Decision, but reducing the rate of interest to 6% per
    annum.

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