POWER OF EMINENT DOMAIN

WHAT IS POWER OF EMINENT DOMAIN?

• It is the power of the nation or the
sovereign state to take or authorize the
taking of private property for public
use without the owner’s consent,
conditioned upon the payment of just
compensation.
Power of Eminent Domain
Conditions for the Valid Exercise of
Power of Eminent Domain

1. Taking of private property

Power of Eminent Domain

Conditions for the Valid Exercise of
Power of Eminent Domain

2. For public use

Power of Eminent Domain

Conditions for the Valid Exercise of
Power of Eminent Domain

3. Payment of just compensation

Power of Eminent Domain

Conditions for the Valid Exercise of
Power of Eminent Domain

4. Observance of due process

Power of Eminent Domain

“There must be valid offer to buy the
property and refusal of said offer.”

Power of Eminent Domain

Power of Expropriation of the Congress
vs. Power of Expropriation of delegates
Power of Expropriation
Power of Expropriation
exercised by Congress
exercised by Congress

Scope The power is pervasive and It can only be broad as the

all-encompassing. It can reach enabling law an the conferring
every form of property which authorities want it to be
may be needed by the State for
public use.
Question of Necessity Political Question Judicial Question

Power of Eminent Domain

Requisites for Valid Taking

1. The expropriator must enter a

private property.

Power of Eminent Domain

Requisites for Valid Taking

2. Entry must be for more than a

momentary period.

Power of Eminent Domain

Requisites for Valid Taking

3. Entry must be under warrant or

color of legal authority.

Power of Eminent Domain

Requisites for Valid Taking

4. Property must be devoted to public

use or otherwise informally
appropriated or injuriously
affected.

Power of Eminent Domain

Requisites for Valid Taking

5. Utilization of property must be in

such a way as to oust the owner
and deprive him of beneficial
enjoyment of the property.

Power of Eminent Domain

The property taken can be…

General Rule:
All private property capable of
ownership including services

Power of Eminent Domain

The property taken can be…

Exception:
1. Money
2. Choses in Action

Power of Eminent Domain

Eminent Domain vs. Destruction from Necessity
Basis Eminent Domain Destruction from Necessity
Who can exercise Only authorized public entities May be validly undertaken by
or public officials private individuals
Kind of right Right of self-defense, self-
Public right
preservation
Requirement Conversion of property taken
No need for conversion; no
for public use; payment of just
just compensation
compensation
Beneficiary
State/public Private

Power of Eminent Domain

Requisites before LGUs can exercise
Eminent Domain

1. An ordinance is enacted by the

local legislative council

Power of Eminent Domain

Requisites before LGUs can exercise
Eminent Domain

2. Purpose is for public use

Power of Eminent Domain

Requisites before LGUs can exercise
Eminent Domain

3. Payment of Just Compensation

Power of Eminent Domain

Requisites before LGUs can exercise
Eminent Domain

4. Valid and definite offer has been

made to the owner of the property
but offer was refused

Power of Eminent Domain

Expansive concept of Public Use

Public use does not necessarily

mean “use” by the public at large.
That only a few people benefit
from the expropriation does not
diminish its public-use character.
Power of Eminent Domain
Concept of Vicarious Benefit

Public use now includes the

broader notion of indirect public
advantage, i.e. conversion of slum
areas

Power of Eminent Domain

Manosca vs. CA
Public use should not be restricted to
the traditional uses. The taking is for
public use because of the
contribution of Felix Manalo to the
culture and history of the Philippines.

Power of Eminent Domain

JUST COMPENSATION

Refers to the full and fair

equivalent of the property taken
from the private owner

Power of Eminent Domain

JUST COMPENSATION (JC)

It is the fair market value (FMV)

of the property and must include
consequential damages minus
consequential benefits
Power of Eminent Domain
Fair Market Value

The price that may be agreed

upon by parties who are willing
but are not compelled to enter
into a contract of sale
Power of Eminent Domain
Formula for JC

Just compensation= actual/basic value of the

property

+ consequential damages

- consequential benefits

Power of Eminent Domain

Where consequential damages:

Consist of injuries directly caused on the residue

of the private property taken by reason of
expropriation

Power of Eminent Domain

Where consequential benefits:

Consist of the benefits which accrued to the

remainder of the property as a result of
expropriation

Power of Eminent Domain

Remember, the period to
determine JC:
General Rule: The reckoning point is determined
at the date of filing of the complaint
for eminent domain

Power of Eminent Domain

Remember, the period to
determine JC:
Exception: Where the filing of the complaint
occurs after the actual taking of the
property

Power of Eminent Domain

Remember, the period to
determine JC:
Exception: Where the filing of the complaint
occurs after the actual taking of the
property

Power of Eminent Domain

Other instances of Expropriation

1. Use of COMELEC of newspaper space for

election purpose is considered expropriation
and thus should be coupled with JC (Phil. Press
Institute vs. COMELEC)

Power of Eminent Domain

Other instances of Expropriation

2. Use of COMELEC of radio and TV airwave

frequencies (Telecommunications and
Broadcast Attorneys of the Phils vs. COMELEC)

Power of Eminent Domain

Other instances of Expropriation

3. Allocation of space in memorial parks for

charity burial of indigents (City Government of
QC vs. Ericta)

Power of Eminent Domain

Other instances of Expropriation

4. Granting of right of way to NAPOCOR (NPC vs.

Maria Mendoza San Pedro)

Power of Eminent Domain

Other instances of Expropriation

5. Disturbance of poultry business due to low

flying planes of the adjacent airport (US vs.
Causby)

Power of Eminent Domain