SUMULONG vs GUERRERO G.R. No. L-48685 September 30, 1987

Fact: On December 5, 1977 the National Housing Authority (NIIA) filed a complaint for expropriation of parcels of land covering approximately twenty five (25) hectares, (in Antipolo, Rizal) including the lots of petitioners Lorenzo Sumulong and Emilia Vidanes-Balaoing.

Petitioners filed a motion for reconsideration on the ground that they had been deprived of the possession of their property without due process of law. This was however, denied.

Hence, this petition challenging the orders of respondent Judge and assailing the constitutionality of Pres. Decree No. 1224, as amended. Petitioners argue that:


Issue: Whether  “socialized housing” as defined in Pres. Decree No. 1224, as amended, for the purpose of condemnation proceedings is not “public use” since it will benefit only “a handful of people, bereft of public character?


Held: No, “socialized housing” fans within the confines of “public use”. It is, particularly important to draw attention to paragraph (d) of Pres. Dec. No. 1224 which opportunities inextricably linked with low-cost housing, or slum clearance, relocation and resettlement, or slum improvement emphasize the public purpose of the project.  The use to which it is proposed to put the subject parcels of land meets the requisites of “public use”. The lands in question are being expropriated by the NHA for the expansion of Bagong Nayon Housing Project to provide housing facilities to low-salaried government employees.




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