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Opinion

F. Ramos Supermarket, Cebu City

CEBUPEDIA - Clarence Paul Oaminal - The Freeman

In 1956, the Municipal Board of Cebu City passed Resolutions Nos. 891 and 1180 for the construction of a supermarket at Fructuoso Ramos and Dionisio Jakosalem Streets. To pursue the construction of the city's supermarket there was a need for the acquisition of the necessary site. The Cebu City government then offered to buy the lots comprising the area to be affected from their respective owners.

There were those who accepted the offer of the government to buy their properties. However, there are those who refused forcing the city government to commence condemnation proceedings or going to the court.

On March 4, 1957, the Court of First Instance issued an order fixing the amount of P171,815 as the provisional value of the properties sought to be expropriated and ordered the owners of the lots to deliver the possession to the city government, which deposited the amount with the Cebu City Treasurer.

On July 22, 1957, the Court of First Instance issued an order declaring the Cebu City government with lawful right to take the properties sought to be expropriated for the public use upon payment of just compensation. To settle the issue of just compensation, the Court appointed the following as commissioners to determine the value of the lots affected: Vicente E.R. Zosa, Genero Ursal and Marcos M. Morelos. On August 29, 1957 the Court of First Instance again ordered the owners of the lots to deliver the possession of the properties to the government so they could start the construction of the F. Ramos Supermarket.

Commissioners Zosa and Ursal appointed by the Court submitted a report and recommended that the just compensation of the lots expropriated fixed at P15 per square meter for those within 30 meters deep from the side of the road and P7.50   per square meter beyond the 30 meters deep.

However Commissioner Morales recommended that the fair market value is P30 per square meter. The Court of First Instance followed the recommendation of the higher fair market value of Marcos Morelos.

The city government appealed the decision of the Court of First Instance fixing the higher market value of Commissioner Morelos. The argument of the city government was that it was wrong for the court to follow the recommendation of Morelos which was a minority instead of the findings of the other two commissioners.

The Supreme Court on July 30, 1965 agreed to the decision of the Court of First Instance and that the city government should abide with its findings and pay the affected lot owners with the value set by the court.

The owners of the lots affected for the construction of the F. Ramos Supermarket (which for years after its construction, became the F. Ramos Market and the Cebu City Police Office, presently converted as office of several departments of the city government after its renovation), were Teodorico Ledesma, Valeriano Solon, Pilar Cabreros, Teotimo Seno, Salvador  Solon, Visitacion Solon, Marcelo Solon, Victoriano G. Villanueva, Natividad Solon Villacarlos, Felisa S. Mina, Avelina Solon, Eugenio Solon, Mamerto Solon, Concepcion Solon, Benjamin Solon, Remedios Solon, Andres Pacina, Pedro Castillo, Deogracias Tenazas, Cayetano Lu Du, John Casiano Sy, Modesta Singson, Ursula Barte, and Mariano Medalle.

The owners of the lots were assisted by the following lawyers, namely, Damian M. Perez, Rafael San Diego, Francisco G. Codeniera, Napoleon O. Carin, Aniceto V. Zozobrado, Valeriano Solon, and Felipe Fernandez.

[email protected]

 

ANDRES PACINA

ANICETO V

AVELINA SOLON

CEBU CITY

CITY

COURT

COURT OF FIRST INSTANCE

GOVERNMENT

RAMOS SUPERMARKET

SOLON

VALERIANO SOLON

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