Tenorio v. Manila Railroad Co.


FACTS:
Defendant company took possession of and occupied small parcel of land without the express consent of Plaintiff and without having made payment therefore, alleging that the land is a part of certain lands described in condemnation proceedings.
ISSUE:
W/N Plaintiff has the right to maintain this separate action for damages for trespass on his land on the ground that it was his duty to seek redress in the condemnation proceedings instituted by Defendant company.

HELD:
As a general rule, the steps prescribed by the statute must be followed or the proceedings will be void. Since these statutes are in derogation of general right and of common-law modes of procedure, they must be strictly construed in favor of the landowner, and must be at least substantially or fully and fairly complied with. In the absence of proof of a substantial compliance with the provisions of law touching such proceedings, the Plaintiff was clearly entitled to institute any appropriate action to recover the damages which she may have suffered as a result of an unauthorized and unlawful seizure and occupation of her property. The theory on which the trial judge correctly proceeded was that Defendant company having unlawfully taken possession of a part of the tract of land in question, and by its operations thereon rendered the whole tract worthless to the Plaintiff. Thus, Plaintiff is entitled to abandon the entire tract, and recover damages for its full value.

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