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Liceria & Co.
RIGHT TO
PROPERTY
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CAN THE GOVERNMENT JUST
TAKE PRIVATE REAL PROPERTY
WITHOUT JUST COMPENSATION?
THE
THREE
INHERENT
POWERS
OF THE
STATE POLICE
POWER
POWER OF
TAXATION
POWER OF
EMINDENT
DOMAIN
POLICE
POWER
the power vested in the
Legislature by the
Constitution to make,
ordain, and establish all
manner of wholesome
and reasonable laws,
statutes and ordinances,
either with penalties or
without, not repugnant to
the Constitution, for the
good and welfare of the
State and its subjects.
POWER OF
TAXATION
the state is able to
demand from the
members of society their
proportionate share or
contibution in the
maintainance of the
government.
It is a way of apportioning
the costs of government
among those who in some
measure are privileged to
enjoy its benefits and
must bear its burdens
POWER OF
EMINENT
DOMAIN
the right of the State to
acquire private property
for public use upon
payment of just
compensation and
observance of due
process.
“The Bill of rights governs the relationship between the
individual and the state, its concern is not the relation
between individuals, between private individuals. What
the Bill of Rights does is to declare some forbidden zones
in private sphere inaccessible to any power holder.”
- Fr. Bernas
Private property cannot be taken for public use without
just compensation (Dannug and Campanilla 2004).
WHEN CAN THE
GOVERNMENT TAKEOVER
PRIVATE PROPERTY?
United States v.
Toribio, G.R. No. L-
5060
“the right of a
government to take
and appropriate private
(Rappler, 2020)
property to public use,
Hugo Grotuis and whenever the public
(De Leon, 2004) Samuel Pufendorf. exigency requires it,
made use of the term which can be done only
It is power given to dominium emines on condition of
authorize national or (supreme leadership) providing a reasonable
local governments to or the right of the state compensation
take or expropriate to use or even destroy therefor.”
private property for property of a person
public use upon paying for the ends of public
to the owner a just use or extreme
compensation to be necessity but with
ascertained according compensation.
to law.
LIMITATION ON THE EXERCISE OF
EMINENT DOMAIN
(DEMETERIO, 2020)
1. The taking or expropriation must be of public use. The
taking or expropriation of a land must be of public benefit
or public advantage, which is beneficially for the
community.
2. There must be a payment of just compensation. As to the
amount to be paid for expropriated property, it shall be
determined by the proper court, based on the fair market
value at the time of the taking of the property.
3. The taking must comply with the due process of law. The
owner of the property shall have due notice and hearing
in the expropriation proceedings.
CAN THE GOVERNMENT TAKE
AWAY PRIVATE PROPERTY FROM
A PRIVATE INDIVIDUAL TO GIVE IT
TO ANOTHER PRIVATE OWNER?
LAGCAO V. LABRA
(G.R. NO. 155746, 13 OCTOBER 2004)
Facts:
Petitioners purchased Lot 1029 in Capitol Hills, Cebu City on an installment basis
in 1965.
The lot reverted to the Province of Cebu in late 1965.
Petitioners sued the province for specific performance and damages.
In 1986, the court ruled in favor of the petitioners and ordered the province to
execute the final deed of sale.
The Court of Appeals affirmed the decision in 1992.
The province executed a deed of absolute sale in 1994.
Transfer Certificate of Title (TCT) No. 129306 was issued in the name of the
petitioners.
Petitioners discovered that the lot was occupied by squatters and initiated
ejectment proceedings.
The Municipal Trial Court in Cities (MTCC) ordered the squatters to vacate the
lot.
LAGCAO V. LABRA
(G.R. NO. 155746, 13 OCTOBER 2004)
The Cebu City Mayor requested the suspension of the demolition.
During the suspension period, the City passed Ordinance No. 1843, authorizing
the expropriation of Lot 1029 for socialized housing.
Issue:
Whether the expropriation of the petitioners' property for socialized housing
purposes is constitutional.
Ruling:
The Supreme Court declared Ordinance No. 1843 unconstitutional.
The Court held that the exercise of eminent domain by local government units
must comply with the constitutional requirements of due process and just
compensation.
The Court emphasized that the power of eminent domain is not absolute and
must be exercised within the limits set by the Constitution.
LAGCAO V. LABRA
(G.R. NO. 155746, 13 OCTOBER 2004)
The Court found that the ordinance violated the petitioners' right to due process
because it failed to show a reasonable relation between the end sought
(providing housing to slum dwellers) and the means adopted (expropriating the
petitioners' property).
Additionally, the Court found that the ordinance did not comply with the order of
priority for acquiring land for socialized housing as provided by law.
Therefore, the Court nullified the ordinance.
REFERENCES:
Campanilla, R. R. (2004). Politics, Governance and Government with Philippine Constitution
Second Edition. Quezon City: C & E Publishing, Inc.
Demeterio, J. B. (2020). LG 10.5, Right to Property, Philippine Government & Politics, and the
1987 Constitution
Hector S. De leon and Hector M. De Leon, J. (2014 ). Textbook on the Philippine Constitution.
Quezon City: Rex printing Company, Inc.
MIRANDA, P. (2019, January 18). https://nolisoli.ph/. Retrieved from
https://nolisoli.ph/55678/right-ofway-law-dpwh-cyamsuan-20190118/
United States versus Toribio, G.R. No. L-5060 (Supreme Court En Banc January 26, 1910).
Vina, T. L. (2020, August 2). rappler.com. Retrieved from
https://www.rappler.com/voices/thoughtleaders/when-can-government-take-over-private-
property
Sandoval, A. E. (2013, February 23). Bill of Rights - Lecture Part 1 of 4. Retrieved from YouTube:
https://www.youtube.com/watch?v=_0lCIJ0_IqM&t=489s
