NAPOCOR v. Gutierrez, 193 SCRA 1 (1991) F: For the construction of its
230 KV Mexico-Limay transmission lines, Napocor''s lines have to pass the lands belonging to respondents. Unsuccessful with its negotiations for the acquisition of the right of way easements, Napocor was constrained to file eminent domain proceedings. ISSUE: W/N petitoner should be made to pay simple
easement fee or full
compensation for the land traversed by its transmissin lines. RULING: In RP v. PLDT, the SC ruled that "Normally, the power of eminent domain results in the taking or appropriation of the title to, and possession of, the expropriated property, but no cogent reason appears why said power may not be availed of to impose only a burrden upon the owner of the condemned property, without loss of title or possession. It is unquestionable that real property may, through expropriation, be subjected to an easement of right of way." In this case, the easement is definitely a taking under the power of eminent domain. Considering the nature and effect of the installation of the transmission lines, the limitations imposed by the NPC against the use of the land (that no plant higher than 3 meters is allowed below the lines) for an indefinite period deprives private respondents of ts ordinary use. For these reasons, the owner of the property expropriated is entitled to a just compensation which should neither be more nor less, whenever it is possible to make the assessment, than the money equivalent of said property. Just equiivalent has always been understood to be the just and complete equivalent of the loss which the owner of the thing expropriated has to suffer by reason of the expropriation. The price or value of the land and its character at the time of taking by the Govt. are the criteria for determining just cmpensation.