NTC v Heirs of Ebesa (feb 24, 2016) accept its belated tenderof appeal docket fees and its motion for reconsideration. Facts: NTC contended that its belated payment does not preclude the CA from taking Early in 2005, NTC filed a case to cognizance of the appeal and it also claimed expropriate a lot (for easement right of way) that the notice of appeal was valid and that the situated in Quiot, Pardo, Cebu City. It is record on appeal is not required. NTC argues declared under the co-ownership of the heirs of that it is erroneous for the CA to require the Teodulo Ebesa but is occupied by the Velosos, filing of a record on appeal. It asserts that who allegedly purchased the property. Sec1, Rule 50 confers only a discretionary On Apr 22, 2005, NTC filed an urgent power, not a duty, upon the CA to dismiss the motion for the issuance of a writ of possession appeal based on the failure to file a record on alleging that it has deposited w/ the LBP the appeal as can be deduced from the use of the amount of 11,300 representing the assessed word may. value of the property, and that it has served notice to take possession to interested parties. ISSUE: WON the appeal should be dismissed for July 15, 2005, RTC of Cebu, branch 21, failure to file record on appeal. YES issued an order of expropriation, subject to the payment of just compensation. Held: There are 3 requirements in order to July 20, 2005, NTC informed the RTC perfect an appeal: that it already complied with the requirement 1. Filing of a notice on appeal for the payment of just compensation. 2. Payment of docket and other legal fees Thereafter, on july 21, 2005, RTC issued a writ 3. In some cases, the filing of a record on of possession. appeal. After the submission of the All of which must be done w/in the commissioners report, RTC held on January 9, period allowed for filing an appeal and failure 2006, that NTC needs to pay Veloso the to observe any of these reqts is fatal to ones amount of 35, 179, 984.88 for the 1,479 sqm appeal. lot. The court directed NTC to either In the case at bar, NTC is required to immediately pay Veloso the amount of just pay the docket fees and NTC should have been compensation fixed plus interest and retain diligent enough to inquire whether the appeal possession OR immediately return to Veloso had been properly filed considering that as a the possession of the land subject of this case GOCC, NTC maintains a pool of learned and await finality of this judgment before lawyers. paying the just compensation. Apart from the failure to pay the docket January 24, 2006, NTC filed a MR. fees, the NTC likewise failed to file a record on denied. NTC appealed with the CA. appeal. Apparently, the NTC is of the July 31, 2006, CA directed the NTC to impression that the record on appeal is only submit official receipt or proof of payment of necessary when what is being appealed is the the appeal fees within 10 days from notice. first phase of the action, that is, the order of Aug 18, 2006, NTC filed a condemnation or expropriation, but not when manifestation, alleging that it cannot comply the appeal concerns the second phase of with the order of the CA as it did not pay expropriation or the judgment on the payment appeal docket fees. Contended that the COK of just compensation.37 refused to accept payment as it is being exempted from doing so. In Municipality of Bihan v. Judge Garcia,38 the Sep 14, 2006, Ebesa et al filed a Court elucidated, thus: motion to Dismiss arguing that the RTCs decision dated January 9, 2006 has become There are two (2) stages in every action of final and executory since the payment of expropriation. The first is concerned with the docket fees is mandatory and non-payment determination of the authority of the plaintiff to thereof will not toll the running of the appeal exercise the power of eminent domain and the period. Moreover, they also pointed out the propriety of its exercise in the context of the failure of NTC to file the record on appeal facts involved in the suit. It ends with an order, which is required under Sec 2, Rule 41 ROC. if not of dismissal of the action, "of Sep 27, 2006, NTC filed another condemnation declaring that the plaintiff has a manifestation informing the CA that it already lawful right to take the property sought to be filed on Sep 18 a manifestation with ex-parter condemned, for the public use or purpose motion with the RTC to settle the payment of described in the complaint, upon the payment appeal fees. of just compensation to be determined as of justice, may permit amendments to the answer the date of the filing of the complaint." x x x. to be made not later than ten (10) days from the filing thereof. However, at the trial of The second phase of the eminent domain the issue of just compensation, whether or action is concerned with the determination by not a defendant has previously appeared or the Court of "the just compensation for the answered, he may present evidence as to the property sought to be taken." This is done by amount of the compensation to he paid for his the Court with the assistance of not more than properly, and he may share in the distribution three (3) commissioners, x x x.39 (Citations of the award, x x x. omitted) In other words, once the compensation for NTC asseverates that the rationale for requiring Enriquez' property is placed in issue at the the record on appeal in cases where several trial, she could, following the third paragraph of judgments are rendered is to enable the the immediately-quoted Section 3 of Rule 67, appellate court to decide the appeal without participate therein and if she is not in the original record which should remain with conformity with the trial courts determination the court a quo pending disposal of the case of the compensation, she can appeal with respect to the other defendants or issues. therefrom. This usually happens in expropriation cases, when an order of expropriation or Multiple or separate appeals being existent in condemnation is appealed, while the issue of the present expropriation case, NPC should just compensation is still being resolved with have filed a record on appeal within 30 days the trial court.40 It is the contention of the NTC from receipt of the trial court's decision. The that considering that the first phase of the trial court's dismissal of its appeal, which was action had already been concluded and no affirmed by the appellate court, was thus in appeal was taken, the record on appeal is no order.42 (Emphasis, underscoring and italics in longer necessary. There is no longer any issue the original) on the order of expropriation, the appeal having been made on the just compensation The same ratiocination holds with respect to only. the instant case. While Veloso's co-defendants, the Heirs of Ebesa, did not file any objection to The issue replicates that which had been the order of condemnation, they may at any resolved by the Court in National Power time question the award of just compensation Corporation v. Judge Paderanga41 In the said that may be awarded by the trial court. While case, the trial court upheld the propriety of the there was an allegation that the property had order of condemnation of the property and already been sold by the Heirs of Ebesa to proceeded to deliberate on the just Veloso, the extent of the said unregistered sale compensation due the defendants, was not specified hence it is not unlikely that notwithstanding the failure of one of the the former have remaining interest over the defendants to file answer. The petitioner, subject property. No proof was likewise however, appealed the amount of the just presented that the property or portion thereof compensation awarded by the trial court but was already transferred under Veloso's sole dispensed with the filing of a record on appeal. ownership. As it is, the Heirs of Ebesa are still For this reason, the trial court dismissed the the declared owners of the property in the title, petitioner's appeal, holding that the latter did hence, the probability that they will file a not perfect its appeal due to its failure to file separate appeal is not remote. It is for this the record on appeal. The CA affirmed the reason that the record on appeal is being dismissal and this was upheld by this Court. required under the Rules of Court and the The Court ruled: NTC's insistence that it is unnecessary and dispensable lacked factual and legal basis. That the defendant Enriquez did not file an answer to the complaint did not foreclose the Finally, the pronouncement of the Court in possibility of an appeal arising therefrom. For Gonzales, et al. v. Pe43 finds relevance in the Section 3 of Rule 67 provides: instant case, thus: chanRoblesvirtualLawlibrary Sec. 3. Defenses and objections, x x x. While every litigant must be given the amplest opportunity for the proper and just xxxx determination of his cause, free from the constraints of technicalities, the failure to A defendant waives all defenses and objections perfect an appeal within the reglementary not so alleged but the court, in the interest of period is not a mere technicality. It raises jurisdictional problem, as it deprives the appellate court of its jurisdiction over the WHEREFORE, in view of the foregoing appeal. After a decision is declared final and disquisition, the Resolution dated January 14, executory, vested rights are acquired by the 2009 of the Court of Appeals in CA-G.R. CEB CV winning party. Just as a losing party has the No. 01380 is AFFIRMED. right to appeal within the prescribed period, the winning party has the correlative right to SO ORDERED. enjoy the finality of the decision on the case.44 (Citation omitted)