Municipality Of Daet Vs Court Of Appeals, 93 Scra 503 (1979)

CASE DIGEST

Facts:

The judgment of the respondent Court of Appeals, subject of the instant petition to review on certiorari, "fixing the fair market value of the property sought to be expropriated at P200.00 per square meter or of Five Hundred Forty three thousand Four hundred (P543,400.00) pesos, and the value of the improvement thereon at Thirty six thousand five hundred (P36,500.00) PESOS, Philippine Currency, both amounts to bear legal interest from and after the date of the actual taking of possession by the Municipality of Daet, Camarines Norte until the full amount is paid, with costs against plaintiff-appellant," must be affirmed in the light of the unusual, unique and abnormal circumstances obtaining in this case where the complaint for condemnation was filed on August 9, 1962 or seventeen (17) years ago but up to the present, the petitioner Municipality of Daet has failed to make the deposit required to take possession of the property sought to be expropriated.

Issue: Whether or not the valuation is just, fair and reasonable.

Ruling:

 For purposes of just compensation in cases of private property acquired by the government for public use, the basis shall be the current and fair market value as declared by the owner or administrator or such market value as determined by the assessor, whichever is lower. It is a cardinal rule of statutory construction that laws shall have only prospective effect. The provisional value of the property in this case having already been fixed, the deposit on February 9, 1973 of the amount of P54,370.00 representing the assessed value of the land and the deposit on October 21, 1977 of the amount of P25,830.00 representing the assessed value of the improvement, both pursuant to the said decree, are not sufficient. Nevertheless, said amounts should be deducted from the total amount due to private respondent. To explain and clarify the judgment of the Court in affirming the decision appealed, the demolition of the building of private respondent standing on the land by the Municipal Mayor, Engr. Jose P. Timoner on February 14, 1978 constituted the actual taking of possession of the property sought to be expropriated by the Municipality of Daet. And from said date, February 14, 1978, interest at the legal rate shall be paid by the municipality until the full amount is paid.