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Barangay Sindalan vs. Court of Appeals 518 SCRA 649

BARANGAY SINDALAN, SAN FERNANDO, PAMPANGA, rep. by BARANGAY CAPTAIN ISMAEL GUTIERREZ, Petitioner, versus COURT OF APPEALS, JOSE MAGTOTO III, and PATRICIA SINDAYAN, Respondents.

G.R. No. 150640 | 2007-03-22

D E C I S I O N



VELASCO, JR., J.:

Expropriation, if misused or abused, would trench on the property rights of individuals without due process of law.


The Case

For review before the Court in a petition for certiorari under Rule 45 are the May 30, 2001 Decision[1] and October 26, 2001 Resolution[2] of the Court of Appeals (CA), reversing and setting aside the August 2, 1990 Order[3] of the San Fernando, Pampanga Regional Trial Court (RTC), Branch 43. The CA Resolution denied petitioner's Motion for Reconsideration of the May 30, 2001 Decision and in effect, the appellate court dismissed petitioner's Complaint for eminent domain.


The Facts...