CASE NO.

36

NAPOCOR VS. IBRAHIM

GR NO 168732 JUNE 29, 2008

Facts:

Ibrahim owns a parcel of land located in Lanao del Norte.

In 1978, NAPOCOR took possession of the sub-terrain area of
the land and constructed underground tunnels on the said
property.
The tunnels were apparently being used by NAPOCOR in
siphoning the water of Lake Lanao and in the operation of
NAPOCORs Agus projects.
In 1991, Maruhom (one of the co-heirs of Ibrahim) requested
Marawi City Water District for a permit to construct or
install a motorized deep well on the parcel of land but it
was rejected on the grounds that the construction would cause
danger to lives and property by reason of the presence of the
underground tunnels.
Maruhom demanded NAPOCOR to pay damages and to vacate the
sub-terrain portion of the land.

Issue: WON Ibrahim is the rightful owner of the sub-terrain area

of the land.
If yes, are they entitled to the payment of just compensation.

Held: YES. The sub-terrain portion of the property belongs to

Ibrahim.

The Supreme Court cited Article 437 of the Civil Code which
provides that: 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. xxx

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.

On the issue of just compensation, the Supreme Court also said

that Ibrahim should be paid a just compensation.
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.