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NAPOCOR v. Gutierrez - Case Digest - F

The National Power Corporation sought to acquire a right of way through private lands to construct transmission lines. The owners would not be allowed to plant anything over 3 meters tall below the lines. The court ruled that the easement right of way was a taking under eminent domain powers and that the owners were deprived of the ordinary use of their land for an indefinite period. As such, the owners were entitled to full market value compensation for the loss from the expropriation of their property.

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53 views1 page

NAPOCOR v. Gutierrez - Case Digest - F

The National Power Corporation sought to acquire a right of way through private lands to construct transmission lines. The owners would not be allowed to plant anything over 3 meters tall below the lines. The court ruled that the easement right of way was a taking under eminent domain powers and that the owners were deprived of the ordinary use of their land for an indefinite period. As such, the owners were entitled to full market value compensation for the loss from the expropriation of their property.

Uploaded by

Robehgene Atud
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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National Power Corporation vs.

Gutierrez [GR 60077, 18 January 1991] Third Division, Bidin


(J): 2 concur, 1 concurs with reservation

Facts:

The National Power Corporation (NPC) sought to acquire a right of way for the construction
of its transmission lines which will pass the lands of the private respondents with a provision
that below said lines no plant higher than three (3) meters is allowed. The decision in the
eminent domain proceedings that NPC is liable for the payment of the full market value of
the land was questioned on the ground that it is a simple right-of-way easement and
ownership is not transferred.
Issue:
WON full compensation should be paid to the private respondents for the right of way.
Held:
Yes, full compensation should be paid by NPC to the owners of the land. The
easement of right-of-way is definitely a taking under the power of eminent domain.
Considering the nature and effect of the installation of the transmission lines, the limitation
imposed by NPC against the use of the land for an indefinite period deprives private
respondents of its ordinary use. The owner is entitled to a just compensation which has
always been understood to be the just and complete equivalent of the loss which the owner of
the thing expropriated has to suffer by reason of the expropriation.

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