Facts: Private respondent Helena Z. Benitez is the registered owner of two (2) parcels of land located in Barangay Salawag, Dasmariñas, Cavite containing an area of 483,331 square meters more or less.
The Philippine Government, through the Philippine Human Resources Development Center (PHRDC), negotiated with the Japanese International Cooperation Agency (JICA) Survey Team on the technicalities of the establishment of the ASEAN Human Resources Development Project in the Philippines. Among the five (5) main programs of the proposed project was Program III (Construction Manpower Development) which involved the establishment of a Construction Manpower Development Center (CMDC). PHRDC and private respondent Helena Z. Benitez, signed a Memorandum of Agreement which provides, among others, that Benitez undertakes to lease within the period of twenty (20) years and/or sell a portion of that property (which is no less than ten-hectares) in favor of PHRDC which likewise agrees to lease within a period of twenty (20) years and/or buy said property site.
The Philippine Women’s University (PWU) and Benitez granted a permit to PHRDC to occupy and use the land in question and to undertake land development, electrical and road network installations and other related works necessary to attain its objectives. Pursuant thereto, the CMDC took possession of the property and erected buildings and other related facilities necessary for its operations. A deposit made by the plaintiff with the Philippine National Bank (PNB) in the amount of P708,490.00 which is equivalent to the assessed value of the property subject matter hereof based on defendant’s 1990 tax declaration, was made.
In view of the agreement on the sale of the land in question, PHRDC prepared a Deed of Absolute Sale with Benitez, as vendor, and PHRDC and CMDC, as vendees, duly represented by then Undersecretary Gloria M. Arroyo, for the signature of Benitez. Benitez in her own capacity did not sign the deed of absolute sale.
Failing to acquire the property involved through negotiated sale, petitioner, through the Department of Trade and Industry, to which CMDC is attached, instituted a complaint for Eminent Domain, pursuant to the provisions of Executive Order No. 1035, dated June 25, 1985.
A Motion for Issuance of Writ of Possession was granted by the court but quashed it subsequently.
Issue: Whether or Not the respondent judge may quash a writ of possession on the ground that the expropriating government agency is already occupying the property sought to be expropriated.
Held: No. Under Section 7 of EO 1035, when the government or its authorized agent makes the required deposit, the trial court has a ministerial duty to issue a writ of possession. The expropriation of real property does not include mere physical entry or occupation of land. Although eminent domain usually involves a taking of title, there may also be compensable taking of only some, not all, of the property interests in the bundle of rights that constitute ownership.
In the instant case, it is manifest that the petitioner, in pursuit of an objective beneficial to public interest, seeks to realize the same through its power of eminent domain. In exercising this power, petitioner intended to acquire not only physical possession but also the legal right to possess and ultimately to own the subject property. Hence, its mere physical entry and occupation of the property fall short of the taking of title, which includes all the rights that may be exercised by an owner over the subject property.
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