BARTOLATA v. REPUBLIC

DANILO BARTOLATA, REBECCA R. PILOT and/or DIONISIO P. PILOT, Petitioner VERSUS REPUBLIC OF THE PHILIPPINES, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, and TOLL REGULATORY BOARD, Respondents

G.R. No. 223334

June 7, 2017

FACTS:

Petitioner Danilo Bartolata acquired ownership over a 400 square meter parcel of land identified as Lot 5, Blk. 1, Phase 1, AFP Officer's Village, Taguig, Metro Manila by virtue of an Order of Award from the Bureau of Lands dated December 14, 1987. Sometime in 1997, respondents acquired 223 square meters of petitioner's property for the development of the Metro Manila Skyway Project. The parties agreed that in exchange for the acquisition, petitioner would be paid just compensation for the appraised value of the property to be fixed for the entire affected area by the Municipal Appraisal Committee of Taguig, Metro Manila.

Respondents then argued that pursuant to Section 112 of Commonwealth Act No. 141 (CA 141) the government is entitled to an easement of right of way not exceeding 60 meters in width, without need of payment for just compensation, save for the value of improvements existing.

Further upholding the government's right to enforce against petitioner's property the easement for public highways without cost, the CA granted respondents' counterclaim on appeal. The CA noted that the portion of petitioner's property that was used by respondents corresponds to the widths of 13.92 meters and 13.99 meters, well within the 60-meter limit under CA 141. Given that respondents never exceeded the threshold width, and that petitioner never established that there were improvements in his property that were affected, the CA held that petitioner is not entitled to any form of compensation. Consequently, the CA ordered him to return the partial payment made, lest he be unjustly enriched by respondents' use of the legal easement that under the law should have been free of charge.

ISSUE:

Whether or not the subject property owned by petitioner is subject easement of right of way in favor of the government

HELD:

The easement of right of way in favor of the government subsists despite the enactment of PD 2004 Resolving the first issue, the Court rejects petitioner's claim that the subject property is no longer subject to the 60 meter width easement of right of way in favor of the government.

First, no less than the Order of Award granting petitioner title over the subject property reads that the parcel of land conferred to him is subject to the restrictions contained under Sec. 109-114 of CA 141, which necessarily includes the easement provided in Sec. 112. Notably, petitioner was awarded the subject property in 1987, while PD 2004, which allegedly removed all encumbrances and restrictions from awarded properties, was signed into law much earlier in 1985. This alone raises suspicion on the applicability of PD 2004 to the subject property.

Second, the Court finds no reversible error in the R TC and CA's interpretation of the coverage of PD 2004 and RA 730. The title of RA 730 itself supports the rulings of the courts a quo that the laws petitioner relied upon only cover the sale of public lands for residential purposes and to qualified applicants without public auction.

To quote: REPUBLIC ACT NO. 730 - AN ACT TO PERMIT THE SALE WITHOUT PUBLIC AUCTION OF PUBLIC LANDS OF THE REPUBLIC OF THE PHILIPPINES FOR RESIDENTIAL PURPOSES TO QUALIFIED APPLICANTS UNDER CERTAIN CONDITIONS

It can readily be inferred from the title of RA 730 that the definite ambit of the law could not be extended to sales of public lands via public auction, through which mode of disposition petitioner acquired the subject property. Consequently, when RA 730 was amended by PD 2004 to the effect of removing encumbrances and restrictions on purchased properties without public auction, petitioner could not have benefitted from the same.

Lastly, even the contents of RA 730 belie petitioners claim. The foremost section of the law reads: Section 1. Notwithstanding the provisions of sections sixty-one and sixty-seven of Commonwealth Act Numbered One hundred forty-one, as amended by Republic Act Numbered Two hundred ninety-three, any Filipino citizen of legal age who is not the owner of a home lot in the municipality or city in which he resides and who has in good faith established his residence on a parcel of the public land of the Republic of the Philippines which is not needed for the public service, shall be given preference to purchase at a private sale of which reasonable notice shall be given to him not more than one thousand square meters at a price to be fixed by the Director of Lands with the approval of the Secretary of Agriculture and Natural Resources. It shall be an essential condition of this sale that the occupants has constructed his house on the land and actually resided therein. Ten per cent of the purchase price shall be paid upon the approval of the sale and the balance may be paid in full, or in ten equal annual instalments.