Francia vs Municipality of Meycauayan

 Amos P. P. Francia, Jr., Jr., Cecilia P. P. Francia, Francia, and Heirs of Benjamin P. P. Francia, petitioners petitioners vs Municipality of Meycauayan, respondent March 2, 2!!" J. Corona Nature: Petition Nature: Petition for revie# on certiorari Summary: $he Summary:  $he Municipality of Meycauayan filed a complaint for e%propriation of petitioners& land. $he Municipality said that it planned to use the land to esta'lish a common pu'lic terminal. $he petitioners claim that the land is of a hi(her price. $he )$C ruled that the e%propriation #as indeed for a pu'lic purpose and that after the Municipality has deposited *+ of the fair mar-et value of the property, it can already ta-e immediate possession of it. $he CA found that the petitioners #ere deprived of their opportunity to 'e heardcontr heardcontrovert overt Municipality Municipality&s &s alle(ation alle(ations, s, so it nullified nullified the order of e%propriat e%propriation. ion. $he /C held that, accordin( to the 01C, the prior determination of the e%istence of a pu'lic purpose is necessary for the issuance of #rit of possession. Doctrine: Before Before a local local (overn (overnmen mentt unit unit may enter enter into into the possessi possession on of the property property sou(ht sou(ht to 'e e%propriated, it must File a complaint for e%propriation sufficient in form and su'stance in the proper court3 and o 4eposit #ith the said court at least *+ of the property&s fair mar-et value 'ased on its o current ta% declaration $he la# does not ma-e the determin determination ation of a pu'lic purpose purpose a condition condition precedent precedent to the issuance of a #rit of possession Facts )espondent Municipality of Meycauayan filed a complaint for e%propriation a(ainst the petitioners, #ho are the o#ners of the land the Municipality plans to e%propriate. $he Municipality plans to use it to esta'lish a common pu'lic terminal for all types of  o pu'lic utility vehicles #ith a #ei(hin( scale for heavy truc-s 5n their ans#er, petitionrs Francia denied that the property #as ra# land and claimed that it #as developed and there #ere plans for further development. Hence, petitioner Francia claims that the Municipality&s Municipality&s offer price of Php 2,666,+!! #as too lo#. )$C ruled that the e%propriation #as for a pu'lic purpose 'ecause the construction of a terminal #ill improve the flo# of traffic durin( rush hours and that the property #as the 'est site for the proposed terminal 'ecause of its accessi'ility. accessi'ility. )$C ordered that Municipality may ta-e immediate possession of the property after it has o deposited #ith the Court *+ of the fair mar-et value of the property CA found that the petitioners petitioners #ere deprived of an opportunity opportunity to controver controver the Municipali Municipality&s ty&s ale(ations nullified the order of e%propriation e%cept #ith re(ard to the #rit of possession o held that a hearin( hearin( #as not necessary necessary 'ecause 'ecause once the e%propriat e%propriator or deposited deposited the o re7uired amount #ith the Court, the issuance of a #rit of possession 'ecame ministerial Hence, this petition. Issue # 1:  1:  89: in e%propriation cases, prior determination of the e%istence of a pu'lic purpose #as necessary for the issuance of a #rit of possession ;yes< Ratio # 1 /ec. *= 01C provides that 'efore a local (overnment unit may enter into the possession of the property sou(ht to 'e e%propriated, it must File a complaint for e%propriation sufficient in form and su'stance in the proper court3 and o 4eposit #ith the said court at least *+ of the property&s fair mar-et value 'ased on its o current ta% declaration $he la# does not ma-e the determin determination ation of a pu'lic purpose purpose a condition condition precedent precedent to the issuance of a #rit of possession Disposition: petition Disposition: petition denied •

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