AgencyDPFebruary32014

No authority of any court has been cited and none

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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 Quezon City.3 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 amount...
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