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eminent domain
Constitutional Law•Law School Notes•Political Law

Equitable PCI Bank, Inc. (Now Banco De Oro Unibank, Inc.), vs. South Rich Acres, Inc., Top Service, Inc.

January 30, 2023 by Vala No Comments

G.R. No. 202384, May 04, 2021

FACTS:

The Sangguniang Panlungsod of the City of Las Piñas enacted City Ordinance No. 343-97, Series of 1997 (City Ordinance No. 343-97), which declared Marcos Alvarez Avenue as a public road. South Rich Acres (SRA) and Top Service filed a Petition for Declaratory Relief and Damages against the City of Las Piñas to annul City Ordinance. SRA is the present legal owner of the seven parcels of land (subject lots) which formed part of a private road network, collectively referred to as Marcos Alvarez Avenue and the City Ordinance No. 343-97 in effect deprived SRA of its ownership over the subject lots without just compensation

Royal Asia Multi-Properties, Inc. (RAMPI) filed a Motion for Leave of Court to File Answer in Intervention on the ground that it has legal interest in the upholding of the validity and constitutionality of City Ordinance No. 343-97 because SRA and Top Service had been unjustifiably demanding payment from them for the use of Marcos Alvarez Avenue. It asserts that under PD 1216, the open spaces and roads in residential subdivisions are beyond the commerce of men, having been automatically and directly identified for public use and vested in favor of the then Municipality of Las Piñas. Consequently, EPCIB substituted RAMPI as intervenor-defendant because all the rights and interests over the Royal South Subdivision had already been transferred, conveyed, and assigned by RAMPI to EPCIB.

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Constitutional Law•Law School Notes•Political Law

More Electric And Power Corporation, vs. Panay Electric Company, Inc.

by Vala No Comments

G.R. No. 248061, September 15, 2020

FACTS: 

R.A. No. 11212 grants to MORE a franchise to establish, operate and maintain an electric power distribution system in Iloilo City. Under Section 10, MORE may “exercise the power of eminent domain” when necessary for the efficient establishment of its service. In particular, it may acquire a distribution system consisting of poles, wires, cables, transformers, switching equipment and stations, buildings, infrastructure, machineries and equipment previously, currently or actually used x x x for the conveyance of electric power to end-users in its franchise area.

The distribution system which is currently and actually being used in Iloilo City was owned by PECO, the holder of the franchise since 1922. PECO’s franchise expired on January 18, 2019, and no new franchise has been issued to it since. While PECO is allowed to operate the existing distribution system in the interim, the law provides that MORE shall not be prevented from acquiring the system through the exercise of the right of eminent domain.

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Civil Law•Law School Notes

Pahud vs Court of Appeals

Law School Notes - Case Digest
November 20, 2020 by Vala No Comments
G.R. No. 160346               August 25, 2009

FACTS:

The (8) children : respondents Eufemia, Raul, Ferdinand, Zenaida, Milagros, Minerva, Isabelita and Virgilio, were left a 246-square meter parcel of land.

Sometime in 1992, Eufemia, Ferdinand and Raul executed a Deed of Absolute Sale of Undivided shares in favor of Pahuds for their respective shares from the lot they inherited from their deceased parents. Eufemia also signed the deed on behalf of her four (4) other co-heirs, namely: Isabelita on the basis of a special power of attorney  and also for Milagros, Minerva, and Zenaida but without their apparent written authority. The deed of sale was also not notarized.

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Civil Law•Law School Notes

Lim vs Saban

Law School Notes - Case Digest
by Vala No Comments

G.R. No. 163720             December 16, 2004

FACTS:

Ybañez owner of a 1,000-square meter lot in Cebu City, entered into an Agency Agreement with Saban. Under the Agreement,  Ybañez authorized Saban to look for a buyer of the lot for P200,000 and to mark up the selling price to include the amounts needed for payment of taxes, transfer of title and other expenses incident to the sale, as well as Saban’s commission for the sale.

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