7/29/2019 De Knecht v Bautista

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De Knecht v. Bautista

100 SCRA 660 (1980)

FACTS:

The plan to extend EDSA to Roxas Boulevard to be ultimately linked to the Cavite Coastal Road Project,

originally called for the expropriation of properties along Cuneta Avenue in Pasay City. Later on, however,

the Ministry of Public Highways decided to make the proposed extension pass through Fernando Rein

and Del Pan Streets. Because of the protests of residents of the latter, the Commission on Human

Settlements recommended the reversion to the original plan, but the Ministry argued the new route which

save the government P2 million. The government filed expropriation proceedings against the owners of

Fernando Rein and Del Pan Streets, among whom was petitioner.

ISSUE:

Whether or not there is a genuine need to expropriate the properties owned by De Knecht and others

similarly situated on the ground that the choice of properties to be expropriated seemed arbitrarily made

by the DPWH.

HELD:

The choice of Fernando Rein and Del Pan Streets is arbitrary and should not receive judicial approval.

The Human Settlements Commission concluded that the cost factor is so minimal that it can be

disregarded in making a choice between the two lines. The factor of functionality strongly militates againstthe choice of Fernando Rein and Del Pan Streets, while the factor of social and economic impact bears

grievously on the residents of Cuneta Avenue. While the issue would seem to boil down to a choice

between people, on one hand, and progress and development, on the other, it is to be remembered that

progress and development are carried out for the benefit of the people.