FIRST DIVISION
[G.R. No. 235883. March 13, 2019.]
REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE TOLL REGULATORY BOARD, petitioner, vs.FLAVIANO DELA CRUZ, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 13, 2019 which reads as follows:
"G.R. No. 235883 (Republic of the Philippines, represented by the Toll Regulatory Board vs. Flaviano Dela Cruz)
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the Decision 1 dated May 18, 2017 and Resolution 2 dated November 16, 2017 of the Court of Appeals (CA) in CA-G.R. CV No. 100849 for failure of petitioner to sufficiently show that the CA committed any reversible error in affirming the Regional Trial Court Decision pegging the amount of just compensation at P5,600.00 per square meter.
However, there is a need to modify the CA decision as to the interest rate.
Interest in eminent domain cases "runs as a matter of law and follows as a matter of course from the right of the landowner to be placed in as good a position as money can accomplish, as of the date of taking." 3 Hence, the unpaid balance 4 of the just compensation (i.e., P1,332,800.00 5 – P107,100.00 6 = P1,225,700.00) shall earn interest at the rate of twelve percent (12%) per annum from the time of taking, i.e., on November 10, 2003 when the Order of Expropriation was issued, until June 30, 2013; and the rate of 6% 7per annum from July 1, 2013 until finality of the Decision. The total amount of just compensation shall earn legal interest of 6% per annum from the finality of this Decision until full payment thereof. 8
WHEREFORE, the petition is DENIED. The Decision dated May 18, 2017 and the Resolution dated November 16, 2017 of the Court of Appeals are AFFIRMED with MODIFICATION that the unpaid balance of the just compensation in the amount of P1,225,700.00 shall earn interest at the rate of twelve percent (12%) per annum from November 10, 2003 until June 30, 2013, and the interest rate of six percent (6%) per annum from July 1, 2013 until the finality of the Resolution. The total amount of just compensation shall earn legal interest of six percent (6%) per annum from the finality of this Resolution until full payment thereof.
SO ORDERED." Jardeleza, J., took no part; Reyes, Jr. J., designated Additional Member per Raffle dated February 18, 2019.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Penned by Associate Justice Jhosep Y. Lopez with Associate Justices Normandie B. Pizarro and Samuel H. Gaerlan, concurring; rollo, pp. 27-36.
2.Id. at 38-39.
3.Republic of the Philppines v. Mupas, 769 Phil. 21, 195 (2015).
4.Evergreen Manufacturing Corp. v. Republic of the Philippines, G.R. Nos. 218628 & 218631, September 6, 2017, 839 SCRA 200.
5. Php5,600 x 238 square meters = Php1,332,800.00.
6. Initial deposit made by LBP equivalent to 100% of the zonal value of the subject property at Php450.00 per square meter.
7. Pursuant to Bangko Sentral ng Pilipinas (BSP) Circular No. 799, Series of 2013.
8.Evergreen Manufacturing Corp. v. Republic of the Philippines, supra.