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Republic Vs Castelvi

Facts:
The land owned by the late Alfonso Castellvi was rented and occupiued by the government since
1971, particularly the Philippine Air Force (PAF). When Carmen Castellvi, administratix of Alfonso
refused to extend the lease, the Republic filed expropriation proceedings in 1959. In dispute of the
amount of the property, the Republic contended that the property was taken at the time when the lease
started and not during the commencement of the proceedings, which the owner maintained. The
defendant contended that the property was not taken during the start of the lease because the 2
essential elements of taking a property under expropriation were not attendant: (1) Entrance and
occupation by condemner upon private property for more than a mandatory 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.
Issue: When did the taking of the property took place?
Held: During the commencement of the expropriation proceedings in 1959, since the 5 elements of
taking a property was only present at such commencement which were: (1) Expropriator must enter a
private property; (2) for more than a mandatory period; (3) and under warrant of legal authority; (4) for
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.
Due to the fact that the government property by lease, the Republics contention would show
contrary to the presence of the elements.