P12.39M compensation claim vs DPWH denied

THE Commission on Audit (COA) has denied a P12.39 million compensation claim filed by a property owner against the Department of Public Works and Highways (DPWH) for lack of jurisdiction.

In a 13-page decision, the COA en Banc held that while claimant Oakbrook Land Inc. has a cause of action and reasonable claim, it cannot exercise jurisdiction over the case since the DPWH is still contesting the applicability of the expropriation rate set by the Pasig City Regional Trial Court at P35,000 per square meter.

The DPWH stand is bolstered by an opinion of the Office of the Solicitor General (OSG) that the claim has already prescribed, hence inapplicable.

Oakbrook said it is entitled to just compensation after the DPWH exceeded the right-of-way area of 1,196 square meters that was allowed by the Pasig RTC in the expropriation proceedings as part of the C-5 Ortigas Avenue Extension Project in 2005.

It said it only found the problem in 2016 after it began developing the remaining portion of its property.

A joint survey with the DPWH in March 2017 confirmed the excess area, prompting then Secretary Mark Villar to approve payment for the 354 sqm at P35,000 per square meter.

Oakbrook however wrote to Villar asking that payment of interest be included.

After failing to secure payment, Oakbrook filed the petition before the COA asking it to compel the DPWH to release payment plus interest.

The DPWH, through the OSG, argued that the RTC decision of 2005 became final in 2007.

It said the petitioner only had 10 years to bring action or until 2017 but the claimant filed only after 12 years.

“In the case of Euro-Med Laboratories Philippines Inc. vs Province of Batangas, the SC ruled that the scope of this Commission’s authority to take cognizance of claims pertains only to liquidated claims, or those determined or readily determinable from vouchers, invoices, and such other papers,” the COA said.

With the amount of compensation still unresolved between the DPWH and the claimant, the commission it would be premature on its part to intervene.