FACTS:
The
City of Cebu expropriated the parcel of land owned by the Sps. Dedamo. The
parties executed and submitted to the trial court an Agreement wherein they
declared that they have partially settled the case. Pursuant to the Agreement,
the trial court appointed 3 Commissioners to determine the just compensation of
the lots sought to be expropriated. The 3 Commissioners rendered an assessment
for the lot in dispute and fixed it at P 12, 824.10 per sq. m. The assessment
was approved as just compensation thereof by the trial court. As a result, the
City of Cebu elevated the case to the SC and raised the issue that just
compensation should be based on the prevailing market price of the property at
the commencement of the expropriation proceedings and not at the time the
property was actually taken.
ISSUE:
Whether or not
the petitioner has the right to attack or question the report of the
Commissioners on which the decision was based.
HELD:
NO.
By a solemn document freely and voluntarily agreed upon by the petitioner and
the respondents, agreed to be bound by the report of the commission and
approved by the trial court. The AGREEMENT is a contract between the parties.
It has the force of law between them and should be complied with (Art. 1159 ,
CC). Furthermore, Art. 1315 of the same Code provides that contracts are
perfected by mere consent.
In
the case at bar, the petitioner was estopped from attacking the report on which
the decision was based due to consenting the commissioners’ report during the
hearing.
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