REPUBLIC VS. VDA.

DE CASTELLVI, digested
Posted by Pius Morados on November 7, 2011
GR # L-20620 August 15, 1974 (Constitutional Law Eminent Domain,
Elements of Taking)
FACTS:
After the owner of a parcel of land that has been rented and occupied by
the government in 1947 refused to extend the lease, the latter
commenced expropriation proceedings in 1959. During the assessment
of just compensation, the government argued that it had taken the
property when the contract of lease commenced and not when the
proceedings begun. The owner maintains that the disputed land was not
taken when the government commenced to occupy the said land as
lessee because the essential elements of the taking of property under
the power of eminent domain, namely (1) entrance and occupation by
condemnor upon the private property for more than a momentary period,
and (2) devoting it to a public use in such a way as to oust the owner
and deprive him of all beneficial enjoyment of the property, are not
present.

ISSUE:
Whether or not the taking of property has taken place when the
condemnor has entered and occupied the property as lesse.

HELD:
No, the property was deemed taken only when the expropriation
proceedings commenced in 1959.
The essential elements of the taking are: (1) Expropriator must enter a
private property, (2) for more than a momentary period, (3) and under
warrant of legal authority, (4) devoting it to public use, or otherwise
informally appropriating or injuriously affecting it in such a way as (5)
substantially to oust the owner and deprive him of all beneficial
enjoyment thereof.
In the case at bar, these elements were not present when the
government entered and occupied the property under a contract of
lease.