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Commissioner of Public Highways vs Burgos 96 SCRA 831

COMMISSIONER OF PUBLIC HIGHWAYS, petitioner, vs. HON. FRANCISCO P. BURGOS, in his capacity as Judge of the Court of First Instance of Cebu City, Branch II, and Victoria Amigable, respondents.

G.R. No. L-36706 | 1980-03-31

D E C I S I O N 


DE CASTRO, J.: 

Victoria Amigable is the owner of parcel of land situated in Cebu City with an area of 6,167 square meters. Sometime in 1924, the Government took this land for road-right-of way purpose. The land had since become streets known as Mango Avenue and Gorordo Avenue in Cebu City. 

On February 6, 1959, Victoria Amigable filed in the Court of First Instance of Cebu City a complaint, which was later amended on April 17, 1959 to recover ownership and possession of the land, and for damages in the sum of P50,000.00 for the alleged illegal occupation of the land by the Government, moral damages in the sum...