CEBU, Philippines - In order to take possession of a parcel of land in Sitio Mainit, Barangay Guadalupe, Carcar City, the Carcar Water District has filed a civil case for expropriation.
The CWD brought the matter to court after the owner of the land, Miguela Dignos, refused to sell 228 square meters of her lot.
Dignos owns a total area of 20,136 square meters.
“It is necessary for CWD to acquire Dignos’ parcel of land affected by its water system situated in Carcar City, for the preventive maintenance and rehabilitation project of its pipelines,” the complaint read.
CWD said by virtue of Section 25 of Presidential Decree 198 otherwise known as Provincial Water Utilities Act as amended, they are authorized to exercise the “right of eminent domain” and to take property for public use. CWD through government corporate counsel Raoul Creencia sought to be expropriated 228 square meters for public use and for the benefit of its concessionaries.
Creencia said they chose the parcel of land owned by Dignos because of its least private injury.
Moreover, he said the CWD is willing to comply with the provisions of Section 4(a) of Republic Act 8974 otherwise known as an act to facilitate the acquisition of right-of-way, site or location for national government infrastructure projects and for other purposes.
The provisions further states “upon filing of the complaint and after due notice to the defendant the implementing agency shall immediately pay the owner of the property the amount equivalent to the sum of 100 percent of the value of the property based on the BIR’s current relevant zonal valuation.” — THE FREEMAN