CA spells out transfer of land to Napocor after paying compensation
The Court of Appeals (CA) has spelled out the directive for a landowning couple to transfer their property in the name of National Power Corporation (Napocor) after the payment of P423,925 in just compensation amounting to the full market value of the land.
In a recent 11-page decision, the CA 12th Division said that while Napocor’s expropriation complaints only sought the “acquisition” of right of way for its Lahar-Affected Transmission Line Project, this necessarily entails impairs the value of the property or prevents its ordinary use.
Since expropriation was not limited to an easement for right of way and involves demolitions and constructions, the CA affirmed the San Fernando City (Pampanga) Regional Trial Court (RTC) Branch 46’s August 2015 decision to assess the land of spouses Simeon and Julieta Bituin at the full market value of P875 per square meter.
Yet, the CA deducted a P54,601.33 provisional deposit from the original compensation of P478,625 ordered by the RTC.