Right to

Property
Module 10.5
 Learning Objectives...

At the end of the discussion

● identify the constitutional limitations of the exercise
of eminent domain in taking of private property for
public use
 Bill of Rights

Essential part of the constitution

protection against the state

“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.”
ARTICLE III, SEC. 9

“Private property
shall not be taken for
public use without
just compensation.”
When can the government take over private properties?
Power of Eminent Domain
The power of
goverment
agencies to take
private property
for “public use”
so long as the
government pays
“just
compensation”
 EMINENT DOMAIN
Historically, the idea of eminent
domain can be traced way back in
17th century from the writings
of Hugo Grotuis and Samuel
Pufendorf. They made use of the term
dominium emines (Latin for supreme
leadership) or the right of the state to
use or even destroy property of a
person for the ends of public use
or extreme necessity but with
compensation.
 Article III, Sec. 9
Of the 1987 Philippine
Constitution, power of
eminent domain is contained
in Article III Section 9, which
states: Private property
shall not be taken for
public use without just
compensation.
From the definition, De Leon (2014) mentioned the conditions for or limitation upon the
exercise of eminent domain(page 162), namely:
The taking or expropriation
There must be a payment
must be of public use. The
of just compensation. As to
taking or expropriation of a
the amount to be paid for
land must be of public expropriated property, it
benefit or public advantage, shall be determined by the
which is beneficially for the proper court, based on the
community. fair market value at the
time of the taking of the
The taking must comply property. You may read:
with the due process of “RA 10752 or “The Right of
law. The owner of the Way Act” which paves way
property shall have due for just compensation for
notice and hearing in the every acquired land.
expropriation
proceedings.
In the case of Estate of Salud Jimenez vs. Philippine Export Processing Zone, GR. No.
188995, 24 August 2011

Estate of Salud
questioned, whether the
purpose of expropriation
by PEZA is for public use.
Once the first order
becomes final and no
The Supreme Court, held appeal thereto is taken,
YES, this expropriation the authority to
case which involves two expropriate and its
(2) orders: an public use cannot be
expropriation order: an questioned.
expropriation and fixing
of just compensation.
 Additional Note:

Eminent domain is also

use for economic
Expropriation is the act of
development. That means
government in claimin
the government can take
privately owned property to private property from
be used fot the public of the private individuals and
benefit lf the overall give it to another private
owner. Example are
projects entered by the
government under the
Guidelines For
Public Private Partnership,
Expropriation wherein private properties
Proceedings Under were given to private
Republic Act No. 10752 companies to development
Otherwise Known As public services for public
“The Right-Of-Way Act” use.
RA 10752, “The Right-of-Way Act”

A private property may

be taken by the
government for public
use
RA 10752, “The Right-of-Way Act”

The amount to be paid

by the government in
taking the private
property shall be
deposited to the court
RA 10752, “The Right-of-Way Act”

The amount deposited

by the government
shall be released by
the court to the person
who is entitled to
receive the same
RA 10752, “The Right-of-Way Act”

Implementing agency:
(a) The implementing
agency shall offer to
the property owner
concerned, as
compensation price,
the sum of:
RA 10752, “The Right-of-Way Act”
Implementing agency:
1) The current market value
of the land,

(2) The replacement cost of

structures and
improvements therein; and

(3) The current market

value of crops and trees
therein.
RA 10752, “The Right-of-Way Act”
Take note that implementing
agency refers to any
department, bureau, office,
commission, authority or
agency of the national
government, including any
government-owned or
controlled corporation or state
college or university, authorized
by law or its respective charter
to undertake national
government projects.
 The ancestral home of the Pedrosa’s
with the Palo Public Library at the
ground floor, at the junction of the
Maharlika National Highway. Turning
left leads motorists to Liloan, Southern
Leyte and on to Mindanao; turning
right leads one to Ormoc City/Biliran
Province.

Palo Public Library

Right to Travel
and Abode
Module 10.6
 Learning Objectives...

At the end of the discussion, students will be able to;

• describe the historical and legal foundations of the

right of liberty and abode; and
• determine the limitations of the right of liberty and
abode.
Right to Abode & Travel
The 1987 Constitution, under Section
6 of Article III of the Bill of Rights
protects an individual from
any unlawful violation of the liberty of
abode that can be changed within the
limits prescribed by law and the right
to travel “except in the interest of
national security, public safety, or
public health, as may be provided by
law.”
Right to Abode & Travel
The liberty of abode and travel is an
indispensable condition for the total
development of a person.

Thus, a restriction to this right must

strictly necessary.De Leon (2014)
elaborated the restrictions in the
following:
Right to Abode & Travel

Permissible interference. The

clauses in Sec. 6 “except upon lawful
order of the court” and “except
in the interest of national security,
public safety, or public health as may
be provided by law” mean
that the right is subject to the
dominant police power of the State.
Right to Abode & Travel

Permissible interference.
This provision can be seen when
President Rodrigo R. Duterte imposed
a travel ban to stop the spread of
COVID-19. Consequently, the
determination of the proper executive
officer is subject to judicial review.
Right to Abode & Travel
As these limitations represent exceptions
to the general rule of liberty of abode and
travel, they must be assessed properly.
This states that restrictions are subject
to a similar set of safeguards as other
deprivations of liberty (Edwards, 2011).
De Leon (2014) reiterated that a person
whose liberty of abode is violated may
petition for a writ of habeas corpus
against another holding him in
detention.