RULE 67 EXPROPRIATION

1. What is the meaning of Eminent Domain?

It is the right of the State to acquire private property for public use upon
payment of just compensation.
2. What is Expropriation?
It is the procedure to be followed in the exercise of the right of eminent domain.
3.
a.
b.
c.
d.

What are included in the Verified Complaint for Expropriation?

The right and purpose of expropriation;
The description of the real and personal property sought to be expropriated;
All persons owning or claiming to own or occupying any part or interest;
If the property to be expropriated is in the name of the Republic of the
Philippines, an averment to that effect shall be made. (Sec. 1)

4. Can all properties be expropriated?

As a general rule, yes.
Exceptions:
a. Money;
b. Choses in action.
5. What is the purpose of depositing value with an authorized
government depositary before plaintiff enters into the property?
a. To provide damages if the court finds that plaintiff has no right to expropriate;
b. Advance payment for just compensation. (Sec. 2)
6. What does the defendant need to do if he has no objection to the
expropriation proceedings?
a. File and serve a notice of appearance and manifestation to that effect.
b. Thereafter, he shall be entitled to notice of all proceedings.
7. What if the defendant objects to the proceedings?
He must file his answer within the time provided for in the summons. No
counterclaim, cross-claim or third party complaint shall be alleged or allowed in
the answer or subsequent pleading.
8. What are the Stages of Expropriation?
a. Determination of plaintiffs authority to exercise the power of eminent domain
and the propriety of its exercise.
i.
A final order sustaining the right to expropriate is appealable, but the
appeal does not prevent the court from determining the just
compensation to be paid.
b. Determination of the just compensation for the property sought to be taken.
9. What is the formula for the determination of just compensation?
JC=FMV+CD-CB
If CB is less than CD, then JC=FMV
Where:
JC=Just compensation

FMV=Fair market value

CD=consequential damages
CB=consequential benefits
10.
When plaintiff can take possession of property pending
litigation?
Plaintiff can enter or take possession of the real property upon DEPOSIT with the
authorized government depositary an amount equal to ASSESSED VALUE of
property. If personal property, its value will be PROVISIONALLY ASCERTAINED and
amount to be deposited fixed by the court. Defendant, if he objects, must file his
ANSWER within time stated in the summons. No counterclaim, cross-claim or
third party complaint is allowed.
11.
When title is vested in expropriation?
If personal property, upon payment of just compensation. If real property, upon
payment of just compensation and registration.
12.
How is just compensation determined?
Benguet Consolidated Inc. v. Republic 143 SCRA 466 (1986)
For the determination of just compensation, three (3) commissioners are
appointed. They shall assess the consequential damages to the property not
taken and deduct the consequential benefits to be derived from the public use of
the property taken. Legal interest is demandable from the time the government
took the petitioners mining claims until payment is made by the government.