REPUBLIC VS.

GINGOYON
GR # 166429, December 19, 2005
(Constitutional Law Eminent Domain, Expropriation, Just Compensation)
FACTS: NAIA 3, a project between the Government and the Philippine
International Air Terminals Co., Inc (PIATCO) was nullified.
Planning to put NAIA 3 facilities into immediate operation, the Government,
through expropriation filed a petition to be entitled of a writ of possession
contending that a mere deposit of the assessed value of the property with an
authorized government depository is enough for the entitlement to said writ (Rule
67 of the Rules of Court).
However, respondents avers that before an entitlement of the writ of possession is
issued, direct payment of just compensation must be made to the builders of the
facilities, citing RA No. 8974 and a related jurisprudence (2004 Resolution).
ISSUE: WON expropriation can be conducted by mere deposit of the assessed value
of the property.
HELD: No, in expropriation proceedings, entitlement of writ of possession is issued
only after direct payment of just compensation is given to property owner on the
basis of fairness. The same principle applied in the 2004 Jurisprudence Resolution
and the latest expropriation law (RA No. 8974).