REPUBLIC VS.

GINGOYON

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).