Notes on Expropriation: Upon the filing of the complaint or at any

time thereafter and after due notice to the

Define eminent domain and expropriation. defendant, the plaintiff shall have the right
to take or enter upon the possession of the
Eminent domain is the right of the state or real property involved if he deposits with the
the sovereign to take private property for authorized government depositary an
public use upon payment of just amount equivalent to the assessed value of
compensation. Expropriation is the special the property. Such deposit shall be held by
civil action by which the state or the such bank subject to the orders of the court
sovereign exercises its right of eminent and shall be in money, unless in lieu thereof
domain. In other words, eminent domain is the court authorizes the deposit of a
the right while expropriation is the judicial certificate of time deposit of a – government
proceeding for enforcing said right. bank of the Republic payable on demand to
the authorized government depositary. (S2
R67).
Which court has jurisdiction over an action
for expropriation? in case of expropriation of right-of-way site
of location for national government
Jurisdiction over eminent domain cases lies infrastructure projects:
with the regional trial court. An
expropriation case is one whose subject Upon the filing of the complaint or at any
matter is incapable of pecuniary estimation. time thereafter, and after due notice to the
The subject of an expropriation case is the defendant, the implementing agency shall
determination of the government's right to immediately deposit the court in favor of the
take private property for public use. (Brgy. owner the amount equivalent to the sum of:
San Roque v. Pastor, G.R. 138896, 20 June
2000) 1) One hundred percent (100%) of the
value of the land based on the current
relevant zonal valuation of the Bureau of
What are the stages of an expropriation suit? Internal Revenue (BIR) issued not more
than three (3) years prior to the filing of
The first stage is the determination of the the expropriation complaint subject to
plaintiffs authority to expropriate, including subparagraph (c) of this section;
the inquiry into the propriety of the
expropriation, its necessity, and the public 2) The replacement cost at current market
purpose of the expropriation. The court will value of the improvements and structures
issue an order of expropriation declaring that as determined by:
the plaintiff has the right to expropriate, for i. The implementing agency;
the public use or purpose described in the ii. A government financial
complaint, and upon the payment of just institution with adequate
compensation. (S4 R67). experience in property appraisal;
and
The second stage is the ascertainment by the iii. An independent accredited by the
court of just compensation, taking into BSP property appraiser
account the report of the commissioners.
The court shall render judgment in 3) The current market value of crops and
accordance with the action it has taken upon trees located within the property as
the report. determined by a government financial
institution or an independent property
appraiser to be selected as indicated in
When shall the plaintiff have the right to Sec. 5(a) of R.A. No. 10752.
enter or to take possession of the property
subject of the expropriation? Upon compliance with the guidelines
abovementioned, the court shall immediately
In case of real property: issue to the implementing agency an order to
take possession of the property and start the

1
implementation of the project. (Sec. 6[a], A defendant waives all defenses and
R.A. No. 10752). objections not alleged in the answer. The
court however may in the interest of justice
In case of expropriation by a local permit amendments to the answer to be
government unit: made but not later than 10 days from the
filing of the answer. Note however at the
The local government unit may immediately trial of the issue of just compensation,
take possession of the property upon the whether or not a defendant has previously
filing of the expropriation proceedings and appeared or answered, he may present
upon making a deposit with the proper court evidence as to the amount of the
of at least 15% of the fair market value of compensation to be paid for his property,
the property based on the current tax and he may share in the distribution of the
declaration of the property to be award. (S3 R67).
expropriated.

Can the defendant in an expropriation suit

Is a prior hearing required before the file a motion to dismiss?
plaintiff may enter into or take possession of
the property involved? No. While under the 1964 Rules the
defendant in an expropriation case may file a
No. What is required under S2 R67 is due motion to dismiss, under the 1997 Rules of
notice to the defendant but not a hearing Civil Procedure the defendant may no longer
file a motion to dismiss. Any objections or
defenses the defendant may have to the
What is the responsive paper or pleading taking of his property must be set forth in an
which the defendant may file in an answer. (S3 R67; Masikip v. City of Pasig,
expropriation suit? G.R. No. 136349, 23 January 2006).
1) NOTICE OF APPEARANCE AND
MANIFESTATION. If a defendant has
no objection or defense to the action or Expropriation by DPWH. Deposited
the taking of his property, he may file assessed value of land in LBP. Jovito filed
and serve a notice of appearance and a MTD. DPWH writ of possession. Decide.
manifestation to that effect, specifically
designating or, identifying the property (a) Jovito's motion to dismiss will not
in which he claims to be interested prosper. The Supreme Court has held
within the time stated in the summons. that the defendant in an expropriation
Thereafter, he shall be entitled to notice case cannot file a motion to dismiss but
of all proceedings affecting the same. should raise his objections in the answer.
(Masikip v. City of Pasig, 23 January
2) ANSWER. If a defendant has any 2006).
objection to the filing of or the
allegations in the complaint. or any (b) As judge, I will not grant the writ of
objection or defense to the taking of his possession prayed for. In case of
property, he shall serve his answer expropriation for national government
within the time stated in the summons. infrastructure projects, the law requires
The answer shall specifically designate that the government, in order that it will
or identify the property in which he have the right to enter or take
claims to have an interest, state the possession, should immediately pay the
nature and extent of the interest claimed, owner of the property 100% of the
and adduce all his objections and market value of the property.
defenses to the taking of his property.
(S3 R67). Here what was done was only to make a
deposit of an amount equivalent to the
assessed value. (R.A. No. 8974,
What is the result if a defense or objection is Republic V. Gingoyon, 19 Dec 2005).
not alleged in the answer?

2
 which he receives in common with the
When shall the order of expropriation issue? community. FLORENZ D. REGALADO,
REMEDIAL LAW COMPENDIUM 746 [7''
If the objections to and the defenses against rev. ed.]).
the right of the plaintiff to expropriate the
property are overruled, or when no party
appears to defend, the court may issue an At what point in time is the just
order of expropriation declaring that the compensation to be determined?
plaintiff has a lawful right to take the
property sought to be expropriated, for the The just compensation is determined as of
public use or purpose described in the the date of the taking of the property or the
complaint and upon the payment of just filing of the complaint, whichever comes
compensation. (S4 R67). first. (S4 R67).

Is a hearing required before the order of Cebu city filed expropriation case on 1993.
hearing expropriation may issue? Taking is on 1994. What point in time
should just compensation be determined?
It depends. If the defendant has no objection
or defense to the action or the taking of his As of the taking of the property on 21
property or if no party appears to defend, the September 1994. While S4 R67 provides
court may issue the order of expropriation that just compensation shall be determined
without a hearing. Otherwise a hearing shall at the time of the filing of the complaint if
be conducted. the filing precedes the taking, such provision
cannot prevail over Section 19 of the Local
Govemment Code, a substantive law, Which
May the order of expropriation be appealed? states that just compensation should be
based on the fair market value of the
Yes. A final order sustaining the right to property at the time, of the taking of the
expropriate the property may be appealed by property. (City of Cebu v. Dedamo, 7 May
any party aggrieved thereby. Such appeal, 2002, Davide, C.J.) Hence in expropriation
however, shall not prevent the court from by a local government, it is Section 19 of the
determining the just compensation to be LGC not S4 R67 which governs.
paid. (S4 R67).

What is inverse condemnation? Inverse

What is the time and manner for appealing condemnation refers to the action for
an order of expropriation? recovery of just compensation filed by the
property local owner in the situation wherein
The party taking the appeal shall file a the State, local government unit or public
notice of appeal and a record on appeal utility seizes or takes private property for
within 30 days from notice of the order of public public use without filing beforehand a
expropriation. (Municipality of Biñan v. complaint for expropriation. If is called
Garcia, 180 SCRA 576). This is because the inverse because it is the property owner
appeal from the order of expropriation is a rather than the State which initiated the
separate appeal. (S2(a] R41). proceedings for the payment of just
compensation. (National Power Corporation
V. Makabangkit, 24 August 2011, Bersamin,
What is meant by consequential benefits? J.).

Consequential benefits refers to the actual

benefits derived by the owner on the NHA took possession of land w/o
remaining portion of his on her land which expropriation proceedings. Trial court
are the direct and proximate results of the ordered just compensation w/o
improvements consequent to the commissioners. Valid?
expropriation and not the general benefits

3
Yes. S5 R67 on the appointment of
commissioners does not apply to inverse Upon the rendition of the order of
condemnation proceedings. R67 expropriation, the court shall appoint not
presupposes that the plaintiff exercised its more than 3 competent and disinterested
right of eminent domain by filing a persons as commissioners to ascertain and
complaint for expropriation. When a report to the court the just compensation for
government agency itself violates procedural the property sought to be taken. The order of
requirements, it waives the usual procedure appointment shall designate the time and
found in R67. (National Power Corp. v. place of the first session of the hearing to be
Asoque, 14 September 2016, Leonen, J.; held by the commissioners and specify the
Republic v. Court of Appeals, G.R. 106804, time within which their report shall be
12 August 2004). Nothing of course submitted to the court. (S5 R67).
prevents the court from appointing
commissioners to determine the just
compensation. (Rebadulla v. Republic, 31 Upon the rendition of the order of
January 2018, Tijam, J.). expropriation, is the appointment of
commissioners mandatory upon the court?

No expropriation proceeding. NPC Yes. This is shown by the use of the word
transmission lines. Just compensation? "shall" in S5 R67.

No. The provisions of RA 8974,147

including that on valuation, the payment of Should the court consult the parties prior to
100% zonal valuation, are applicable to the appointment of commissioners?
inverse condemnation proceedings. To hold
otherwise would be to allow the government No. Neither Rule 67 of the Rules of Court
to benefit from its own non-observance of nor R.A No. 8974 requires the RTC to
the proper procedure of filing an consult the parties in the expropriation case
expropriation proceeding before taking over prior to the appointment of commissioners.
private property. (Felisa Agricultural Corp. (Republic v. Mupas, 8 September 2015).
v. National Transmission Corp., 2 July 2018,
Perlas-Bernable, J.).
NPC filed a notice of appeal from the
judgment but this was disallowed by the trial
What is the reckoning date for determining court on the ground that NPC should have
just compensation, the time of the taking in filed both a notice of appeal and a record on
1940 (P0.70 per sq. m.) or the time of the appeal. Was the disallowance of PC's appeal
filing of the complaint for recovery of proper?
possession?
Yes. A record on appeal is required in cases
The time of the taking in 1940, pursuant to of multiple or separate appeals. (S2[a] R41).
S4 R67 which states that the just Here the judgment of just compensation still
compensation shall be determined as of the left something to be done by the trial court
date of the taking of the property or the since it still has to determine the just
filing of the complaint, whichever came compensation with respect to Enriquez.
first. In inverse condemnation, the just Hence this was a case involving a separate
compensation should still be reckoned as of appeal. A record on appeal is required since
the time of the taking, even if apparently the trial court still had to hold on to the
unjust. The landowner will however be records of the case. (National Power
compensated by the award of interest, Corporation v. Paderanga, 28 July 2005,
exemplary damages, and attorney's fees. Carpio Morales, J.).
(Sec. of DPWA V. Tecson, 21 April 2015
(e.b.])
NAPOCOR filed a notice of appeal from the
Supplemental Decision. Petitioners argue
What is the procedure for ascertaining just that the Supplemental Decision has become
compensation?
4
final and executory since NAPOCOR did only proper that accrual of legal interest
not file a record on appeal. Is a record on should begin from this date. Accordingly,
appeal required? the Court deems it proper to correct the
award of legal interest to be imposed on the
No. A record on appeal is required in unpaid balance of the just compensation for
multiple and separate appeals. Jurisprudence the subject lot, which shall be computed at
recognizes the existence of multiple appeals the rate of 12% p.a. from the date of the
in expropriation proceedings because there taking on 5 May 2008 until 30 June 2013.
are two stages in every action for Thereafter, or beginning 1 July 2013, until
expropriation. The reason for multiple fully paid, the just compensation due
appeals in the same case is to enable the rest respondent shall earn legal interest at the
of the case to proceed in the event that a rate of 6% p.a. pursuant to BSP Circular No.
separate and distinct issue is resolved by the 799, Series of 2013. (Republic v.
trial court and held to be final. In such a Macabagdal, 10 January 2018, Perlas-
case, a record on appeal is indispensable Bernabe,J.).
since only a particular incident of the case is
brought to the appellate court for resolution
with the rest of the proceedings remaining
within the jurisdiction of the trial court.

In this case since the trial court fully and

finally resolved all conceivable issues in the
complaint for expropriation, there was no
need for NAPOCOR to file a record on
appeal because the original records could
already be sent to the appellate court.
(Marinduque Mining and Ind. Corp. V.
NAPOCOR, G.R. 161219, 6 October 2008).

In an expropriation proceeding the court

rendered judgment awarding just
compensation to the defendant landowner.
The government appealed. May the
landowner move for execution pending
appeal?

No. Execution pending appeal not applicable

to expropriation proceedings. The reason is
that public funds cannot be seized under a
writ of execution. (National Power Corp. v.
Rabie, 17 Aug 2016, Carpio, J.).

In expropriation cases, interest should be

awarded to the landowner. From when is
such interest computed?

Interest should be computed from the date of

the taking of the property.

Here legal interest shall run not from the

date of the filing of the complaint but from
the date of the issuance of the writ of
possession on 5 May 2008, since it is from
this date that the fact of the deprivation of
property can be established. As such, it is
5