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Secretary of the Department of Public Works and Highways and District Engineer Celestino R. Contreras [Separate Opinion, J. Leonen]

SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS AND DISTRICT ENGINEER CELESTINO R. CONTRERAS, Petitioner vs. SPOUSES HERACLEO AND RAMONA TECSON, Respondent. [Separate Opinion, J. Leonen]

G.R. No. 179334 | 2013-07-01

THIRD DIVISION

SEPARATE OPINION 

LEONEN, J.: 

I agree with the ponencia of Justice Peralta in so far as the fair market value o( a property subjected to expropriation must be the value of the property at the time of the actual taking by the government, at the moment that the owner is unable to have beneficial use (see Republic v. Vda. de Castellvi). 1 

However, I ·also agree with Justice Velasco that gross injustice will result if the amount that will be awarded today will be based simply on the value of the property at the time of the actual taking. Should the value of the property been awarded to the owners at the time of the...