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NAPOCOR v IBRAHIM

Azcuna, J.
Doctrine
Summary

Facts

June 29, 2007

GR no. 168732

Ownership of land extends to the surface as well as to the subsoil under it.
NAPOCOR took possession of the sub-terrain area under Ibrahims property. The latter found out and filed
a case with the RTC. SC ruled that the sub-terrain area under the property belongs to the owner of the
property (Ibrahim) and that NAPOCOR should pay him just compensation for constructing tunnels without
his consent.

Lucman G. Ibrahim instituted an action against the National Power Corporation (NPC) for recovery
of possession of land and damages before the Regional Trial Court of Lanao del Sur on November
23, 1994.
The complaint stated that in 1978 NPC used stealth and without permission took possession of the
sub-terrain area of the questioned lands and therein constructed underground tunnels.
However, it was only discovered in 1992, when Omar G. Maruhoms request to install a motorized
deep well was rejected by the Marawi City Water District.
NPC refused to vacate and / or pay damages considering that the area was prone to volcanic and
tectonic activities.
Instead, NPC filed an answer stating that the respondents were never in possession the sub-terrain
portion because they failed to present proof of ownership and the tunnels were government projects
for the benefit of all.
On August 7, 1996, The RTC denied the petition to vacate but ordered the NPC to pay the fair
market value plus damages.
On June 8, 2005, the Court of Appeals affirmed the original decision of the RTC.
Hence, this petition for review on certiorari under Rule 45.

I.

WoN Ibrahim owns the subterranean properties (YES)

Ratio/Issues
The Court sustains the finding of the lower courts that the sub-terrain portion of the property
similarly belongs to Ibrahim. This conclusion is drawn from Article 437 of the Civil Code, which
provides:
ART. 437. The owner of a parcel of land is the owner of its surface and
of everything under it, and he can construct thereon any works or make
any plantations and excavations which he may deem proper, without
detriment to servitudes and subject to special laws and ordinances. He
cannot complain of the reasonable requirements of aerial navigation.
Hence, the ownership of land extends to the surface as well as to the subsoil under it.
Therefore, Ibrahim owns the property as well as the sub-terrain area of the land where the
underground tunnels were constructed.
II. WoN Ibrahim should be paid just compensation (YES)
Ibrahim could have dug upon their property and built motorized deep wells but was prevented
from doing so by the authorities because of the construction of the tunnels underneath the
surface of the land.
Ibrahim still had a legal interest in the sub-terrain portion insofar as they could have excavated
the same for the construction of the deep wells. It has been shown that the underground
tunnels have deprived the plaintiffs of the lawful use of the land and considerably reduced its
value.
It was held that: If the government takes property without expropriation and devotes the
property to public use, after many years, the property owner may demand payment of just
compensation in the event restoration of possession is neither convenient nor feasible. This is
in accordance with the principle that persons shall not be deprived of their property except by
competent authority and for public use and always upon payment of just compensation.
Held
Petition DENIED.
Prepared by: Tim Jimenez

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