Professional Documents
Culture Documents
eminent domain
The power of eminent domain is the inherent right of the State to
condemn private property to public use upon payment of just compensation.
without just compensation”, merely imposes a limit on the government’s exercise of this power and provides a measure of
protection to the individual’s right to property
the court is duty bound to determine the amount of just compensation to be paid for the property
Who may exercise the power. Congress and, by delegation, the President, administrative bodies, local government units, and
even private enterprises performing public services
failed to prove that before it filed its complaint,
it made a written, definite and valid offer to acquire the property, as required under Sec. 19, R.A. 7160 [Jesus is Lord Christian
School Foundation v.Municipality of Pasig,
Requisites for exercise:
a) Necessity
i) When the power is exercised by the Legislature, the question of
necessity is generally a political question [Municipality of Meycauayan, Bulacan v.
Intermediate Appellate Court, 157 SCRA 640];
but when exercised by a delegate,
the determination of whether there is genuine necessity for the exercise is a
justiciable question [Republic v. La Orden de Po. Benedictinos
The issue of the necessity of the expropriation is a matter properly addressed to the RTC in the course of the expropriation
proceedings. If the property owner objects to the necessity of the takeover. 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
Private property already devoted to public use cannot be expropriated by a delegate of legislature acting under a general grant
of authority
[City of Manila v. Chinese Community
Even services may be subject to eminent domain [Republic v. PLDT,