Expropriation

Republic v. Gingayon

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:

Can expropriation can be conducted by mere deposit of the assessed value of

the property.

Ruling:

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.

Unlike in the case of Rule 67, the application of Rep. Act No. 8974 will not
contravene the 2004 Resolution, which requires the payment of just
compensation before any takeover of the NAIA 3 facilities by the Government.
The 2004 Resolution does not particularize the extent such payment must be
effected before the takeover, but it unquestionably requires at least some
degree of payment to the private property owner before a writ of possession
may issue. The utilization of Rep. Act No. 8974 guarantees compliance with this
bare minimum requirement, as it assures the private property owner the
payment of, at the very least, the proffered value of the property to be seized.
Such payment of the proffered value to the owner, followed by the issuance of
the writ of possession in favor of the Government, is precisely the schematic
under Rep. Act No. 8974, one which facially complies with the prescription laid
down in the 2004 Resolution.