SC asked to stop NGCP from taking over portion of SSS property
The Social Security System (SSS) has asked the Supreme Court to stop the implementation of a Pasay Court’s order allowing the taking over by the National Grid Corporation of the Philippines (NGCP) of a portion of SSS property at the Financial Center area in Pasay City with a value of over P1-billion.
In an 18-page petition, SSS, through the Office of the Government Corporate Counsel (OGCC) led by its chief Rudolf Philip Jurado, urged the high court to issue a status quo ante order or a writ of preliminary injunction on the decision of Pasay City Regional Trial Court Branch 108 Judge Gina M. Bibat-Palamos dated March 2 and April 24, 2017.
The Pasay Court, in its ruling, granted NGCP’s urgent motion for the issuance of a writ of possession for the 60,872 square meter SSS property in Pasay City with a value of P1,460,928,000.00. SSS filed a motion for reconsideration which was denied by the court.
The OGCC said the Pasay court erred when it issued the writ of possession in favor of NGCP without determining if it is authorized to expropriate a government property.
The OGCC said under Section 4 of the NGCP charter (Republic Act 9511), it is authorized to exercise the right to eminent domain but only of private properties which it may use for the construction, expansion, and efficient maintenance and operation of the transmission system.
The government’s corporate counsel pointed out that Judge Palamos’ reliance on RA 10752 or the Right of Way Act is misplaced because NGCP is a private corporation.
Article continues after this advertisement“NGCP’s delegated authority to exercise the right of eminent domain does not automatically vest it with the power to acquire property already devoted to public use, as this requires a specific grant from the national legislature,” the OGCC said.
Article continues after this advertisement“While property already devoted to public use is still subject to expropriation, this may only be done directly by the national legislature or under a specific grant to exercise such power. A mere general authority does not suffice. In such a case the courts will have to inquire into the necessity of the expropriation and, finding none, refuse to allow it,” it added.
In its petition, the OGCC said as the statutory legal counsel of the SSS, it is tasked to protect its legal interests over the land.
“The property is intended for the use by the SSS in the furtherance of its mandate, which is the subject of an Expropriation Case instituted by the National Grid Corporation of the Philippines (NGCP), a private corporation with the general power to expropriate private property,” the OGCC said.
The NGCP is seeking to expropriate the SSS property to immediately construct a substation that will accommodate the increasing demand for electricity of the Greater Manila Area, which shall be known as the Pasay 230kV Substation Project. JE
