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Political Law

Political Law


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Published by: Chapapa on Jan 30, 2009
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2008 Political Law and Public International Law

Personal Review Notes (taken from various sources: Sandoval lectures, Nachura, Bernas, Cruz, Agpalo, SBC & SSC-R
review materials, www.pinoylaw.net, etc.)

Ma. Luisa Angeles Ramos

since there was an impairment of the use of the property, he is entitled to the payment
of just compensation.

The establishment of an easement is a form of compensable taking. In
NAPOCOR vs. Sps. Gutierrez, G.R. No. 60077, January 18, 1991, the owner of the
land was awarded full compensation against the NAPOCOR’s argument that the owners
were not totally deprived of the use of the land and could still plant the same crops as
long as they did not come into contact with the wires. The Court said: “the right of way
easement perpetually deprives defendants of their proprietary rights as manifested by
the imposition by the plaintiff upon defendants that below said transmission lines no
plant higher than 3 meters is allowed. Furthermore, because of the high-tension current
conveyed through the transmission lines, danger to life and limbs that may be caused
beneath said wires cannot altogether be discounted, and to cap it all, plaintiff only pays
the fee to defendant once, while the latter shall continually pay the taxes due on said
affected portion of their property.

In People vs. Fajardo, 104 Phil. 44, a municipal ordinance prohibiting a building
which would impair the view of the plaza from the highway was considered taking. The
property owner was held to be entitled to payment of just compensation.

In Velarma vs. CA, 252 SCRA 400, the owner of the property can recover
possession of the property from squatters, even if he agreed to transfer the property to
the Government, until the transfer is consummated or the expropriation case is filed.

Taking under Eminent Domain

Taking under Police Power

Only private properties may be taken

The private property is taken in order to
convert it to public use

All properties are subject to taking

The purpose of taking is to destroy the
property because it is harmful or
obnoxious to the public.

Philippine Press Institute (PPI) vs. COMELEC, 244 SCRA 272, Section 2 of
COMELEC Resolution No. 2772, which mandates newspapers of general circulation in
every province or city to provide free print space of not less than ½ page as COMELEC
space, was held to be an exercise of power of eminent domain, albeit invalid, because
the COMELEC would not pay for the space to be given to it by the newspapers.

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