For Group Study - CONSTI

Constitutional Law 2
Section 9, Article III, 1987

Philippine Constitution
Private property shall not be
taken for public use without just
compensation.
Private Property
Private Property
REPUBLIC ACT NO. 8974
AN ACT TO FACILITATE THE ACQUISITION OF RIGHT-OF-WAY, SITE OR
LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS AND
FOR OTHER PURPOSES.
Section 1. Declaration of Policy. - Article III, Section 9 of the

Constitution states that private property shall not be taken for public
use without just compensation. Towards this end, the State shall
ensure that owners of real property acquired for national government
infrastructure projects are promptly paid just compensation.
Public use
Just compensation
ARTICLE 435, Civil Code of the
Philippines
No person shall be deprived of his

property except by competent authority
and for public use and always upon
payment of just compensation.
Definition and Scope
Moday vs CA
Visayan Reining Co vs Hon. Camus
Heirs of Saguitan vs City Of Mandaluyong
Manosca vs CA
Eminent Domain Defined
Visayan Refining Company vs Camus
Heirs of Alberto Suguitan vs City of Mandaluyong
Alejandro Manosca, et.al vs. Pelayo
How Exercised?
Through Legislation
Delegation to LGU
Private Corporation/Public Utilities
Who can Exercise?
Congress
Delegates
Local Government Unit
Private Corporation/Utilities
Section 19, R.A. 7160 (Local Government Code of 1991)
SECTION 19. Eminent Domain. - A local government unit may,

through its chief executive and acting pursuant to an
ordinance, exercise the power of eminent domain for public use,
or purpose, or welfare for the benefit of the poor and the landless,
upon payment of just compensation, pursuant to the provisions of
the Constitution and pertinent laws:
Provided, however, That the power of eminent domain may

not be exercised unless a valid and definite offer has been previously
made to the owner, and such offer 14 was not accepted:
Provided, further, That the local government unit may immediately

take possession of the property upon the filing of the expropriation
proceedings and upon making a deposit with the proper court of at
least fifteen percent (15%) of the fair market value of the property
based on the current tax declaration of the property to be
expropriated:
Provided, finally, That, the amount to be paid for the expropriated

property shall be determined by the proper court, based on the fair
market value at the time of the taking of the property.
City of Manila v Chinese Community of Manila
City of Manila v Chinese Community of Manila
Requisites for Valid Exercise
Congress
Delegates
Local Government Unit
Private Corporation/Utilities
Judicial Review over Exercise of
Eminent Domain
Taking
Republic vs. Vda de Castellvi,
G.R. No. L-20620, August 15,
1974
Republic v Vda de Castellvi
TELEBP vs. COMELEC
G.R. No. 132922, April 21, 1998
TELEBP vs. COMELEC
TELEBP vs. COMELEC
TELEBP vs. COMELEC
NAPOCOR vs. Ibrahim
G.R. 168732, June 29, 2007
NAPOCOR vs. Ibrahim
NAPOCOR vs. Ibrahim
NAPOCOR vs. Ibrahim
NAPOCOR vs. Ibrahim
NAPOCOR vs. Ibrahim
NAPOCOR vs. Ibrahim
NAPOCOR vs. Ibrahim
NAPOCOR vs. Ibrahim
NAPOCOR vs. Ibrahim
NAPOCOR vs. CA and Pobre
G.R. 106804, August 12, 2004
Sumulong vs Guerero
G.R. L-48685, September 30, 1987
Sumulong vs Guerero
Sumulong vs Guerero
Sumulong vs Guerero
Filstream International Inc. vs. CA
G.R. 125218, January 23, 1998
Filstream vs CA
Filstream vs CA
Filstream vs CA
Filstream vs CA
Filstream vs CA
Manosca vs. CA,
G.R. 106440, January 29, 1996
Manosca vs CA
Manosca vs CA
Municipality of La Carlota vs.
NAWASA
G.R. L-20232, September 30, 1964
Municipality of La Carlota vs. NAWASA
Republic vs. PLDT
G.R. No. L-18841, January 27, 1969
Republic v PLDT
Republic v PLDT
Republic v PLDT
Just Compensation
SECTION 19. Eminent Domain. - A local government unit may,

through its chief executive and acting pursuant to an
ordinance, exercise the power of eminent domain for public use,
or purpose, or welfare for the benefit of the poor and the landless,
upon payment of just compensation, pursuant to the provisions of
the Constitution and pertinent laws:
Provided, however, That the power of eminent domain may

not be exercised unless a valid and definite offer has been previously
made to the owner, and such offer 14 was not accepted:
Provided, further, That the local government unit may immediately

take possession of the property upon the filing of the expropriation
proceedings and upon making a deposit with the proper court of at
least fifteen percent (15%) of the fair market value of the property
based on the current tax declaration of the property to be
expropriated:
Provided, finally, That, the amount to be paid for the expropriated

property shall be determined by the proper court, based on the fair
market value at the time of the taking of the property.
Section 3, RA No. 8974 (An Act to Facilitate the Acquisition of Right of Way)
Sec. 3. Modes of Accounting Real Property. - The government may acquire real property needed as right-of-
way, site or location for any national government infrastructure project through donation, negotiated sale,
expropriation or any other mode of acquisition as provided by law.
Sec. 4. Guidelines for Expropriation Proceedings. - Whenever it is necessary to acquire real property for the
right-of-way or location for any national government infrastructure project through expropriation, the
appropriate implementing agency shall initiate the expropriation proceedings before the proper court
under the following guidelines: (a) Upon the filing of the complaint, and after due notice to the defendant,
the implementing agency shall immediately pay the owner of the property the amount equivalent to the
sum of (1) one hundred percent (100%) of the value of the property based on the current relevant zonal
valuation of the Bureau of Internal Revenue (BIR); and (2) the value of the improvements and/or structures
as determined under Section 7 hereof; (b) In provinces, cities, municipalities and other areas where there is
no zonal valuation, the BIR is hereby mandated within the period of sixty (60) days from the date of the
expropriation case, to come up with a zonal valuation for said area; and (c) In case the completion of a
government infrastructure project is of utmost urgency and importance, and there is no existing valuation
of the area concerned, the implementing agency shall immediately pay the owner of the property its
proffered value taking into consideration the standards prescribed in Section 5 hereof.
EPZA vs Dulay
EPZA vs Dulay
EPZA vs Dulay

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Constitutional Law 2

Section 9, Article III, 1987

Section 1. Declaration of Policy. - Article III, Section 9 of the

No person shall be deprived of his

SECTION 19. Eminent Domain. - A local government unit may,

Provided, however, That the power of eminent domain may

Provided, further, That the local government unit may immediately

Provided, finally, That, the amount to be paid for the expropriated

SECTION 19. Eminent Domain. - A local government unit may,

Provided, however, That the power of eminent domain may

Provided, further, That the local government unit may immediately

Provided, finally, That, the amount to be paid for the expropriated

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