EDITORIAL

Power Without Honor

"Next to power without honor, the most dangerous thing in the world is power without humor," said Eric Sevareid, a famous writer.
This above quotation is best illustrated in an expropriation case of a portion of land of the heirs of Segundo Dela Cruz for use by the Air Transportation Office (ATO). The case is filed by the Republic of the Philippines represented by ATO and docketed in the Supreme Court as G.R. No. 157847.
In this case, ATO is the petitioner while the respondents are Leodegario Sarabia, Herminigildo Dela Cruz, Delia Rebutar, Meldrid Rose, Anita Dela Cruz, Erlinda Lucerio, Georgie Dela Cruz, Felma Dela Cruz, Felino Dela Cruz, Teresita Samson, and Evangeline Colomer.
According to Atty. Liberato R. Ibadlit, lawyer of the respondents, this case has already been decided by the Supreme Court which is now final and executory. "The Republic of the Philippines however, has not yet paid the owners of this land their just compensation".
ATO has taken possession of that land since 1956, but according to the respondents, to them, this is "power without humor". To the ATO, maybe, this is "power without honor". The government has the power or right to expropriate private land for public use. However, the government, the ATO in this case must pay the private landowners their just compensation. According to the Philippine Constitution under the Bill of Rights, Section 1. states: "no person shall be deprived of life, liberty or property. . ." In this case, ATO has deprived the Dela Cruz family the use and enjoyment of their property, until today without just compensation.
"ATO has sought the expropriation of a portion of the land of Segundo Dela Cruz for its use and not for business purposes by private persons", Atty. Ibadlit pointed. But why has the ATO Management allowed the construction of stalls?
"The construction of the structure for use by some private persons for business purposes is certainly not in consonance with the government’s taking of property for public use. Besides the construction of these stalls on a lot that is already utilized as parking space is prejudicial to the interest of the public not to mention the fact that it will deprive my client the free and unhampered use of their adjoining property," Ibadlit stressed.
The Dela Cruz lot before the taking over of the ATO consisted of 10,468 square meters located in Pook, Kalibo, Aklan covered by Original Certificate of Title No. P-15596 in the name of the heirs of the late Segundo Dela Cruz. Sometime in 1956, ATO took possession of 4,901 square meters portion of the said lot.
In the Regional Trial Court, Kalibo, Aklan, the RTC fixed the amount of P800 per square meter as just compensation for the taking over of the 4,901 square meters effective in 1999. The aggregate amount to earn 6 percent interest from November 11, 1999 until the finality of that decision. After which ATO must pay the Dela Cruz family 12 percent per annum on the remaining unpaid amount.
RTC also directed the dependants to withdraw the P50,000 savings bank deposit, P10,600 of which shall be deducted from the costs while the balance be applied for just compensation. It declared ATO has a lawful right to retain possession of the subject property. It also ordered the ATO to pay the costs of P9,600 representing the commissers’ fees who ascertained the just compensation for the subject property.
The ATO brought the case to the Court of Appeals which decision dated November 10, 2002, affirmed the decision which states: "Wherefore, premises considered, the assailed decision dated November 26, 1999 of the Regional Trial Court, Branch 5, Kalibo, Aklan in Civil Case No. 5543 is hereby affirmed. ATO moved for reconsideration, but again the Court of Appeals denied it in its resolution of April 1, 2003.
The ATO brought the case to the Supreme Court of the Philippines which petition "is partially granted" in its decision dated August 25, 2005. The November 18, 2002 decision of the Court of Appeals is modified." The computation of just compensation for the 4,901 square meters portion of lot 6860 should be based on its fair market value in 1956. But the Supreme Court is silent on how much per square meter ATO will pay for the lot as of 1956.
This ATO versus the heirs of the late Segundo Dela Cruz is a case of "power without honor and power without humor."/MP mailto:madyaas_pen@yahoo.com