REPUBLIC OF THE PHILIPPINESvsC.C.UNSON PHILIPPINESvsC.C.UNSON COMPANY, INC G.R. No. 215107, Feb!"# 2$, 201%
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On August 3, 2005, a complaint for expropriation was filed by petitioner Republic of the Philippines petitioner!, through the "oll Regulatory #oard "R#!$ %nder &ection 3c! of Presidential 'ecree (o$ )))2,* the "R# was authori+ed to condemn priate property for public use upon payment of -ust compensation$ Respondent .$.$ %nson .ompany, /nc$ %nson! was the owner of the affected properties$ On 'ecember 2), 200*, the R". directed the parties to submit their nominees to the commission who would determine -ust compensation$
/n the Order, dated uly )1, 200, the R". instituted the #oard of .ommissioners
"he following factors were considered in the assessment of -ust compensation )$ 4oca 4ocati tion on 'esc 'escri ript ptio ion n 2$ ighes ighestt and and 6ost 6ost Prof Profita itable ble %se 3$ Ocul Ocular ar /ns /nspe pect ctio ion n 7$ 8alu 8aluat atio ion9 n9App Appra rais isal al 5$ #/R .ertif .ertifica icate te on :onal :onal 8alua 8aluatio tion n *$ 6ar; ar;et 8alu 8alue e
"he R"., after carefully considering the recommendation of the #oard, fixed the amount at P3,500$00 per s<$m, as -ust compensation in its 'ecision, dated 'ecember 23, 200$
ISSUE( =hether or not the R". erred in determining >-ust compensation? in this case@
HEL)( /n its petition for reiew, petitioner asserted that the commissioners report was flawed because it too; into consideration the potential use of the sub-ect properties$ "he report
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noted the properties industrial deelopment as its highest and best use$ "he ocular inspection, howeer, reealed that the sub-ect properties did not hae any improement$ ence, the conclusion arried at by b y the #oard was nothing but mere speculation$ Petitioner further posited that the possible industrial deelopment of the sub-ect properties, which referred to their potential use, was a factor that could not hae been used in determining -ust compensation$ /n Republic $ Asia Pacific /ntegrated &teel .orporation, the .ourt defined -ust compensation Bas the full and fair e
