Republic of the Philippines v. Court of Appeals G.R. No. 160379, 596 SCRA 57 (Case Digest)

10.  Republic of the Philippines v. Court of Appeals

G.R. No. 160379, 596 SCRA 57

Facts:

            Rosario R. Reyes’ properties (lands) located in Cagayan de Oro city; were expropriated by the DPWH.  One of the lots that had been expropriated had an excess of 297-square meter lot.  Reyes filed case for the just compensation for her properties and for the consequential damage of her (297 sq-Meter lot) property.

Issue:

            Whether or not the grant of consequential damages to the owner with respect to the excess lot that had been part of the lot expropriated by the government is unjust

Held:

            No.

Ratio:

            An award of consequential damages for property not taken is not tantamount to unjust enrichment of the property owner. There is unjust enrichment "when a person unjustly retains a benefit to the loss of another, or when a person retains money or property of another against the fundamental principles of justice, equity and good conscience."

            If as a result of the expropriation made by petitioner, the remaining of private respondent suffers from impairment or decrease in value, consequential damages may be awarded to private respondent.