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foot note july 26, 2023

Author: 79467545 125 views 2023-07-25 18:30:34 Copy Link Share




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[ G.R. No. 227614, January 11, 2021 ]
REPUBLIC VS. ROPA DEVELOPMENT CORPORATION, AND/OR ROBINSON YAO, AND/OR JOVITO YAO, LEONEN, J.

FOOTNOTES:

41 514 Phil. 657 (2005) [Per J. Tinga, En Banc].
42 Id. at 709.
43 Id. at 681-682.
44 Id.
45 Id. at 686-689.
46 465 Phil. 545 (2004) [Per J. Puno, En Banc].
47 Id. at 582.
48 Republic v. Gingoyon, 514 Phil. 657, 688 (2005) [Per J. Tinga, En Banc].
49 Id. at 690.
50 RULES OF COURT, Rule 67, sec. 6, provides:
SECTION 6. Proceedings by commissioners. - Before entering upon the performance of their duties, the commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the case. Evidence may be introduced by either party before the commissioners who are authorized to administer oaths on hearings before them, and the commissioners shall, unless the parties consent to the contrary, after due notice to the parties to attend, view and examine the property sought to be expropriated and its surroundings, and may measure the same, after which either party may, by himself or counsel, argue the case. The commissioners shall assess the consequential damages to the property not taken and deduct from such consequential damages the consequential benefits to be derived by the owner from the public use or purpose of the property taken, the operation of its franchise by the corporation, or the carrying on of the business of the corporation or person taking the property. But in no case shall the consequential benefits assessed exceed the consequential damages assessed, or the owner be deprived of the actual value of his property so taken.
51 283 Phil. 90 (1992) [Per J. Medialdea, First Division].
52 Id. at 100. See also Forfom Development Corporation v. Philippine National Railways, 594 Phil. 10 (2008) [Per J. Chico-Nazario, Third Division]; and Republic v. Spouses Silvestre, G.R. No. 237324, February 6, 2019, [Per J. Peralta, Third Division].

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