The Court of Appeals has denied the petition of the Manila City government to stop a Manila court from implementing a writ of execution ordering them to pay a lot owner the remaining balance for a private property expropriated in 1997 for public use unless the owner surrenders the duplicate titles of the property.

In a decision penned by Associate Justice Apolinario D. Bruselas Jr., the CA’s Fourth (4th) Division ruled that “there is nothing under the law (Section 85 of PD 1529) which requires the private landowner to surrender his certificate of title as a condition to the payment of just compensation.”

“On the other hand,” the court added, “jurisprudence dictates that the title to the property does not vest in the expropriating authority until payment in full compensation which is precisely described as ‘just’.”

Associate Justices Andres B. Reyes Jr., and Fernanda Lampas Peralta concurred in the decision.

Manila Judge Mercedes Posada-Lacap in her June 30, 2000 decision allowed the city government to expropriate the 3,979 square meter property along Solis St. in the 2nd district of Manila owned by Teresita M. Yujuico to be used as site of the Francisco Benitez Elementary School.

As just compensation for seizing the property for public use, the trial court ordered the city government to pay Yujuico the sum of P67,894,266 with interest at the rate of 6 percent per annum from July 15, 1997 the date the property was expropriated until full payment is made either to Yujuico or deposited to the court.

Since City Hall did not pose any objection, the trial court’s order became final and executory and the trial court issued a writ of execution on June 28, 2001. The order was affirmed by the Supreme Court.