Ansaldo vs. Tantuico G.R. 50147 August 3, 1990

When Just Compensation determined?
Ansaldo vs. Tantuico, G.R. 50147 August 3, 1990
Facts:
Two lots were taken from the Ansaldos sometime in 1947 by the Department of Public
Work Transportation and Communication and made part of what used to be Sta. Mesa
Street and is now Ramon Magsaysay Avenue at San Juan, Metro Manila without demur
on the part of the owners. Said owners made no move whatever until twenty-six years
later. They wrote to ask for compensation for their land on January 22, 1973. Their
claim was referred to the Secretary of Justice who in due course rendered an opinion
dated February 22, 1973, that just compensation should be paid in accordance with
Presidential Decree No. 76. The Decree provided that the basis for the payment of just
compensation of property taken for public use should be the current and fair market
value thereof as declared by the owner or administrator, or such market value as
determined by the assessor, whichever was lower. The Secretary of Justice thus
advised that the corresponding expropriation suit be forthwith instituted to fix the just
compensation to be paid to the Ansaldos.
Pursuant to this opinion, the Commissioner of Public Highways requested the Provincial
Assessor of Rizal to make a redetermination of the market value of the Ansaldos’
property in accordance with PD 76. The new valuation was made, after which the
Auditor of the Bureau of Public Highways forwarded the Ansaldos’ claim to the Auditor
General with the recommendation that payment be made on the basis of the “current
and fair market value and not on the fair market value at the time of taking.
The Commission on Audit, however, declined to adopt the recommendation. In a

decision handed down on September 26, 1973, the Acting Chairman ruled that “the
amount of compensation to be paid to the claimants is to be determined as of the time
of the taking of the subject lots, 8 i.e. 1947. The ruling was reiterated by the
Commission on September 8, 1978, and again on January 25, 1979 when it denied the
Ansaldos’ motion for reconsideration. It is these rulings of the Commission on Audit that
the Ansaldos have appealed to this Court.
Issue:
Whether the amount of compensation to be paid to the claimants is to be determined as
of the time of the taking of the subject land?
Held:
Yes. There is a “taking” when the owner is actually deprived or dispossessed of his
property; when there is a practical destruction or a material impairment of the value of
his property or when he is deprived of the ordinary use thereof. There is a “taking” in
this sense when the expropriator enters private property not only for a momentary
period but for a more permanent duration, for the purpose of devoting the property to a
public use in such a manner as to oust the owner and deprive him of all beneficial
enjoyment thereof. For ownership, after all, “is nothing without the inherent rights of
possession, control and enjoyment. Where the owner is deprived of the ordinary and
beneficial use of his property or of its value by its being diverted to public use, there is
taking within the Constitutional sense. Under these norms, there was undoubtedly a
taking of the Ansaldos’ property when the Government obtained possession thereof and
converted it into a part of a thoroughfare for public use. Clearly, then, the value of the
Ansaldos’ property must be ascertained as of the year 1947, when it was actually taken,
and not at the time of the filing of the expropriation suit, which, by the way, still has to
be done. It is as of that time that the real measure of their loss may fairly be adjudged.
The value, once fixed, shall earn interest at the legal rate until full payment is effected,
conformably with other principles laid down by case law.
the case at bar is quite extraordinary in that possession was taken by the expropriator
more than 40 years prior to suit. In these instances, the Court has ruled that the just
compensation shall be determined as of the time of taking, not as of the time of filing of
the action of eminent domain.

Ansaldo vs. Tantuico G.R. 50147 August 3, 1990

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When Just Compensation determined?

Ansaldo vs. Tantuico, G.R. 50147 August 3, 1990

The Commission on Audit, however, declined to adopt the recommendation. In a

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