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

Nonetheless the weight of their import particularly

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Unformatted text preview: when the city abandons its use as a public street, it returns to the former owner, unless there is some statutory provision to the contrary x x x x If, upon the contrary, however, the decree of expropriation gives to the entity a fee simple title, then, of course, the land becomes the absolute property of the expropriator, whether it be the State, a province, or municipality, and in that case the non- user does not have the effect of defeating the title acquired by the expropriation proceedings x x x x When land has been acquired for public use in fee simple, unconditionally, either by the exercise of eminent domain or by purchase, the former owner retains no rights in the land, and the public use may be abandoned, or the land may be devoted to a different use, without any impairment of the estate or title acquired, or any reversion to the former owner x x x x28 In Mactan- Cebu International Airport Authority, respondent Chiongbian sought to enforce an alleged right of repurchase over her properties that had been expropriated in Civil Case No. R- 1881. This Court did not allow her to adduce evidence of her claim, for to do so would unsettle as to her properties the judgment of condemnation in the eminent domain proceedings. We also held therein that Chiongbian’s evidence was both inadmissible and lacking in probative value - The terms of the judgment are clear and unequivocal and grant title to Lot No. 941 in fee simple to the Republic of the Philippines. There was no condition imposed to the effect that the lot would return to CHIONGBIAN or that CHIONGBIAN had a right to repurchase the same if the purpose for which it was expropriated is ended or abandoned or if the property was to be used other than as the Lahug Airport. CHIONGBIAN cannot rely on the ruling in Mactan- Cebu International Airport vs. Court of Appeals wherein the presentation of parol evidence was allowed to prove the existence of a written agreement containing the right to repurchase. Said case did not involve expropriation proceedings but a contract of sale x x x x To permit CHIONGBIAN to prove the existence of a compromise settlement which she claims to have entered into with the Republic of the Philippines prior to the rendition of...
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This note was uploaded on 07/12/2013 for the course LAW 101 taught by Professor Tan during the Winter '11 term at University of the Philippines Diliman.

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