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Unformatted text preview: r the expropriation of a parcel of land belonging
to N. T. Hashim, with an area of 14,934 square meters, needed to construct a public road, now
known as Epifanio de los Santos Avenue.
70 On November 25, 1940, the Government took possession of the property upon deposit with the
City Treasurer of the sum of P23,413.64 fixed by the Court therein as the provisional value of all
the lots needed to construct the road, including Hashim's property.
The records of the expropriation case were destroyed and lost during the second world war, and
neither party took any step thereafter to reconstitute the proceedings.
In 1958, however, the estate of N.T. Hashim, deceased, through its Judicial Administrator,
Tomas N. Hashim, filed a money claim with the Quezon City Engineer's Office in the sum of
P522,620.00, alleging said amount to be the fair market value of the property in question, now
already converted and used as a public highway.
Nothing having come out of its claim, respondent estate filed on August 6, 1963, with the Court of
First Instance of Rizal, Quezon City Branch, assigned to Branch IX, presided by respondent
judge,2 a complaint for the recovery of the fair market price of the said property in the sum of
P672,030.00 against the Bureau of Public Highways, which complaint was amended on August
26, 1963, to include as additional defendants, the Auditor General and the City Engineer of
The issues were joined in the case with the filing by then Solicitor General Arturo A. Alafriz of the
State's answer, stating that the Hashim estate was entitled only to the sum of P3,203.00 as the
fair market value of the property at the time that the State took possession thereof on November
25, 1940, with legal interest thereon at 6% per annum, and that said amount had been available
and tendered by petitioner Bureau since 1958.
The parties thereafter worked out a compromise agreement, respondent estate having proposed
on April 28, 1966, a payment of P14.00 per sq. m. for its 14,934 sq.m.parcel of land or the total
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- Fall '14