52.) City of Cebu vs Spouses Dedamo PDF

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City of Cebu vs Spouses Dedamo

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....