68-Heirs-of-Timoteo-Moreno-vs-Mactan-—-Cebu-International-Airport-Authority

7 at the end of 1991 or soon after the transfer of

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Unformatted text preview: Decision in Civil Case No. R- 1881 condemning Lots Nos. 916 and 920 and other lots for public use upon payment of just compensation.5 Petitioners’ predecessors were paid P7,065.00 for Lot No. 916 and P9,291.00 for Lot No. 920 with consequential damages by way of legal interest from 16 November 1947. No appeal was taken from the Decision on Lots Nos. 916 and 920, and the judgment of condemnation became final and executory.6 Thereafter, the certificates of title for these parcels of land were issued in the name of the Republic of the Philippines under TCT No. 58691 for Lot No. 916 and TCT No. 58692 for Lot No. 920, which under RA 6958 (1990) were subsequently transferred in favor of respondent MCIAA.7 At the end of 1991, or soon after the transfer of Lots Nos. 916 and 920 to MCIAA, Lahug Airport ceased operations as the Mactan Airport was opened for incoming and outgoing flights.8 Lots Nos. 916 and 920 which had been expropriated for the extension of Lahug Airport were not utilized.9 In fact, no expansion of Lahug Airport was undertaken by MCIAA and its predecessors- in- interest.10 Hence, petitioners wrote then President Fidel V. Ramos and the airport manager begging them for the exercise of their alleged right to repurchase Lots Nos. 916 and 920.11 Their pleas were not heeded.12 On 11 March 1997 petitioners filed a complaint for reconveyance and damages with RTC of Cebu City against respondent MCIAA to compel the repurchase of Lots Nos. 916 and 920, docketed as Civil Case No. CEB- 20015. In the main, petitioners averred that they had been convinced by the officers of the predecessor agency of respondent MCIAA not to oppose the expropriation proceedings since in the future they could repurchase the properties if the airport expansion would not push through. MCIAA did not object to petitioners’ evidence establishing these allegations. When the civil case was pending, one Richard E. Enchuan filed a Motion for Transfer of Interest alleging that he acquired through deeds of assignment the rights of some of herein petitioners over Lots Nos. 916 and 920.13 The Department of Public Works and Highways (DPWH) also sought to intervene in the civil case claiming that it leased in good faith Lot No. 920 from the predecessor agencies o...
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