Taking under the power of eminent domain may be defined as entering

upon private property for more than a momentary period, and, under
the warrant or color of legal authority, devoting it to a public use, or
otherwise informally appropriating or injuriously affecting it in such a
way as substantially to oust the owner and deprive him of all beneficial
enjoyment thereof. In relation to our Taal Victims Relocation project,
According to People vs Castelvi, Five circumstances or requisites must
be present in order to qualify “taking as an exercise of eminent domain.
1. The expropriator must enter a private property

2. The entrance into the private property must be for more than a
momentary period

3. The entry must be into the property should be under warrant or color
of legal authority

4. The property must be devoted to public use or otherwise informally

appropriated or injuriously affected

5. The utilization of the property must be in such a way as to oust the

owner and deprive him of beneficial enjoyment of the property.
(Republic vs Castelvi, GR No. L-20620).
In the context of our proposal eg. Taal Victims Relocation Project, we,
the LGU believe that it is deemed necessary for the general welfare of
the victims of the said natural calamity to be relocated to the safest and
decent place as possible permanently in a legal manner and one way of
doing so is by the virtue of the Municipal Ordinance enacted by the local
legislative council through the chief executive which allow us to seize
and take private properties for the general welfare of the people who are
victims or calamity in relation to Article III, Section 9 of the Constitution
which states that “private property shall not be taken for public use
without just compensation.”
This is the most important protection of property rights in the
Constitution because it ensures that if the government takes away a
person’s property to benefit the society like the Taal calamity victims,
then they should pay just compensation to the owner of the land that they
will confiscate. The principal purpose of the guarantee is to “bar the
Government from forcing some people alone to bear public burdens
which, in all fairness and justice, should be borne by the public as a
whole.
There are 2 different types of taking:

1. Possessory taking which occurs when the government confiscates or

physically occupies property

2. Regulatory taking occurs when the government’s regulation leaves no

reasonable economically viable use of the property (City of Manila vs
Laguio GR No 118127
 In our proposed Taal Victims Relocation Project, we use the
“possessory taking” since the victims of calamity will physically occupy
the property after taking it.

Denial of economically beneficial use is taking

This pertains to a regulation which denies all economically beneficial

or productive use of the land which require compensation under the
“takings clause”. Hence this is not applicable in our relocation project
because again, the land will be used for building houses for the Taal
victims.
Restriction on the use of property is taking

A restriction on use of property may also constitute a “taking” if not

reasonably necessary to the effectuation of a substantial public purpose
or if it has an unduly harsh impact on the distinct investment-backed
expectations of the owner ( City of Manila vs Laguio GR No 118127).
The LGU and the government prioritize the general welfare of the Taal
victims even if it cost the potential business of the land owner.
State to forcibly take private property

Eminent domain is the power of the State to forcibly take private

property for public use upon payment or just compensation. It refers to
the inherent power of the state to seize a citizen’s private property, or
rights in private property, without the owner’s consent. The property is
taken either for government use or by delegation to third parties who
will devote it to “public use.” The LGU or the government has the right
to take the private property for the relocation of the Taal victims forcibly
if it is necessary provided that the owner will be given the just
compensation.