Advanced Legal Writing JD ALW 1

DHARLYN ESPIRITU

Lend More Weight to Laws

Lend More Weight to Laws: Analysis of R.A. 10752 (Right of Way Act) For Efficient Acquisition of Private Properties for Infrastructure Projects of the Philippine
Government

Research Materials from

CONSTITUTION

CONSTITUTIONAL Other Pertinent

Proper Citation Explanation/Description Citation of Reference Relevance
PROVISION Materials/Remarks

Inherent power of the State of
Eminent Domain
Republic vs. Estate of Posadas
Jurisprudence defines this as the ultimate right of the sovereign power to xxxxx This is the primary justification -What can stop it, or limit it?
appropriate, not only the public but the private property of all citizens within exercised by the state when it takes
the territorial sovereignty, for public purposes. private property, for the primary
purpose of the subject property being
put into public use.

“Private property shall not be taken
for public use without just
compensation .”
Const. Article III, Sec. 9
To prevent the undue and unlimited power of the state using eminent domain, -The Bill of Rights limits the unlimited
the Bill of Rights imposed a prohibition against the State that: “Private property xxxxx The humanistic side of the exercise of the State of its inherent
shall not be taken for public use without just compensation .” constitution puts a limit against the powers
unlimited exercise of the inherent
power of eminent domain by the
State, along with the other two
powers (police power, and taxation).