G.R. No. 191945, March 11, 2015
NATIONAL POWER CORPORATION, Petitioner, vs. SOCORRO T. POSADA, RENATO BUENO, ALICE BALIN, ADRIAN TABLIZO, TEOFILO TABLIZO, and LYDIA T. OLIVO, substituted by her heirs, ALFREDO M. OLIVO, ALICIA O. SALAZAR, ANITA O. ORDONO, ANGELITA O. LIM, AND ADELFA O. ESPINAS, Respondents.

FACTS

The National Power Corporation (NPC) instituted expropriation proceedings (Civil Case No. 0008) to acquire a right-of-way easement over parcels of land in Barangay Marinawa, Bato, Catanduanes owned by respondents for the construction and maintenance of its Substation Island Grid Project. NPC offered ₱500.00 per square meter, while respondents claimed the value was ₱2,000.00. The Regional Trial Court confirmed NPC’s right to expropriate and created a commission to determine just compensation. The commissioners recommended a fair market value of ₱1,500.00 per square meter. NPC later amended its complaint to state it needed to acquire portions of the properties, not just an easement, and deposited ₱580,769.93. The trial court granted NPC’s motion and issued a Writ of Possession. Respondents moved to lift the writ, which was denied. The trial court later fixed the value of structures and improvements at ₱827,000.00 and ordered NPC to deposit an additional ₱262,639.17, which NPC failed to do. On November 27, 2006, the trial court fixed just compensation at ₱2,000.00 per square meter and recalled the Writ of Possession due to NPC’s failure to comply with the deposit order and for misleading the court. The Court of Appeals affirmed the trial court’s decision. NPC filed a Petition for Review before the Supreme Court. During pendency, NPC informed its counsel on July 24, 2014, that it no longer needed the properties as it was set to acquire an alternative site and requested withdrawal of the case. NPC thus filed a Motion to Withdraw its Petition for Review, praying for dismissal of its Amended Complaint before the trial court.

ISSUE

Whether the National Power Corporation may be allowed to withdraw its Petition for Review and whether the withdrawal has the effect of dismissing its Amended Complaint before the trial court.

RULING

The Supreme Court granted the Motion to Withdraw the Petition for Review. The Court held that when the taking of private property is no longer for a public purpose, the expropriation complaint should be dismissed by the trial court. The case will proceed only if the trial court’s order of expropriation became final and executory and the expropriation causes prejudice to the property owner. Since NPC informed that it no longer needed the properties and sought to acquire an alternative site, indicating the taking was no longer for a public purpose, the withdrawal of the petition was allowed, leading to the dismissal of the expropriation complaint.