INENT DOMA

EM IN
Ocampo, Lianne
Habiatan, Frana
Dean, Martina
 Definition and scope
The power of eminent domain enables the State to forcibly acquire private
property, upon payment of just compensation, for some intended public
use.
Also called the power of expropriation, eminent domain is described as
"the highest and most exact idea of property remaining in the government"
that may be acquired for some public purpose through a method "in the
nature of a compulsory sale to the State.
Private Property shall not be taken for public use without just
compensation. (Sec. 9, Art. III, 1987 Constitution)
 Who may exercise?
1. The Congress.
2. The President of the Philippines.
3. The various local legislative bodies.
4. Certain public corporations, like the Land Authority
and the National HousingAuthority.
5. Quasi-public corporations like the Philippine National
Railways, the Philippine Long Distance Telephone Co.
and the Meralco
 Destruction from Necessity
Eminent Domain Destruction by Necessity
Connotes taking for use Speaks for itself--condemnation of a
Entails payment of just property as a means of self-defense or
compensation self-preservation
The property is precisely destroyed as a
Primarily exercised by the
way of promoting the greater welfare of
government the populace who might be endangered or
otherwise placed in harm’s way
May be exercised by private individuals
Necessity of Exercise Private Property Taking
Questions of necessity or wisdom are essentially political when decided by the national legislature and are
usually not subject to judicial review.
The legislature, in providing for the exercise of the power of eminent domain, may directly determine the
necessity for appropriating private property for a particular improvement for public use, and it may select
the exact location of the improvement.
The issue of the necessity of the expropriation is a matter properly addressed to the Regional Trial Court in
the course of the expropriation proceedings. If the property owner objects to the necessity of the
takeover, he should say so in his Answer to the Complaint. The RTC has the power to inquire into the
legality of the exercise of the right of eminent domain and to determine whether there is a genuine
necessity for it.
The foundation of the right to exercise eminent domain is genuine necessity and that necessity must be of
public character. Government may not capriciously or arbitrarily choose which private property should be
expropriated. In this case, there was no showing at all why petitioners’ property was singled out for
expropriation by the city ordinance or what necessity impelled the particular choice or selection.
Ordinance No. 1843 stated no reason for the choice of petitioners’ property as the site of a socialized
housing project
 Public Use
Any use directly available to the general public as a matter of
right and not merely of forbearance or accommodation.
It does not matter whether the direct use of the expropriated
property by the public be for free or for a fee. The important
thing is that any member of the general public, as such, can
demand the right to use the converted property for his direct
and personal convenience.
Also cover uses which, while not directly available to the
public, redound to their indirect advantage or benefit
 Just Compensation
Just compensation is defined as the fair and full equivalent of the loss. The true measure
is on the owner of the property’s loss and not the taker’s gain. The determination of just
compensation is a judicial prerogative that is usually aided by the appointed
commissioner.

The general rule is that a taking is not compensable when it is a valid exercise of police
power aimed at improving the general welfare. Where there is only general and
common damage suffered by the community, the taking is not compensable since the
damage is damnum absque injuria.
 Government Grants, Easements
and Compensation
Standard to measure the proper compensation
Consequential damages
Consequential damages may be awarded if
the remaining portion not expropriated
suffers from impairment. It follows that no
consequential damages may be granted when
the entire property is expropriated, therefore,
there are no remaining portions left.
to be paid
The measure of just compensation is not the taker's
gain, but the owner's loss. We have ruled that just
compensation must not extend beyond the property
owner's loss or injury.
This is the only way for the compensation paid to be
truly just, not only to the individual whose property is
taken, but also to the public who shoulders the cost
of expropriation. Even as undervaluation would
deprive the owner of his property without due
process, so too would its overvaluation unduly favor
him to the prejudice of the public.
 Role of the Courts
GR: As regards the question of
necessity or wisdom of the taking, it is
not usually subject to judicial review
when so exercised by the Congress, it
being essentially a political question
and may not be interfered with by the
court.
XPN: But where the expropriation is exercised by a
delegate only of the Congress (such as local
government units), the courts may inquire into the
appropriateness or wisdom of the expropriation
since it now becomes a justiciable question. This
view is grounded on two principles:
1. The power of eminent domain should be
interpreted liberally in favor of the private property
owner and strictly against the expropriator; and
2. A local government unit only exercises its power
to expropriate when authorized by Congress and
subjected to the latter’s control and restraints.
Expropriation-Stages and Phases
Requisites of Taking Eminent
Domain
1. The land must be a Private property;
2. It must be for a Public purpose;
3. There must be Genuine necessity;
4. There must be a previous valid and
definite Offer to buy the private
property in writing;
5. The Offer is denied or rejected.
Stages of Expropriation
Proceedings
1. Determination of the Validity of the
Expropriation- questions of the necessity and
wisdom, if it could be a justiciable question,
of the expropriation can only be raised before
the court.
2. Determination of Just Compensation - after
the first stage, the court’s power of judicial
review is limited to the determination of the
appropriate just compensation, and
whether the owner had been given his just
compensation after the taking