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private property.
WHAT?
The court determines the authority of the government
It is the right of the State to acquire private property for
entity, necessity of the expropriation, and observance of due
public use upon the payment of just compensation.
process
It is the procedure for enforcing the right of eminent domain. Although the value of the property to be expropriated is
LIMITATIONS FOR THE POWER: estimated in monetary terms, this is merely incidental to the
expropriation suit because the amount of just compensation
Public use is only determined after the court is satisfied with the
Just compensation propriety of the expropriation. (Barangay San Roque v. Heirs
Due Process of Pastor)
Equal Protection
WHY?
WHO?
Purpose of expropriation:
Entities involved: For Public use or to meet public exigency
Government as plaintiff
Private individuals HOW EXERCISED?
Court as the impartial adjudicating authority
Exercised by: I. FILING OF COMPLAINT WITH DEPOSIT
The Congress thru Solicitor General (A) Section 1 Rule 67 RC
The Delegating bodies thru LGU The right of eminent domain shall be exercised by the filing of
PARTIES: a verified complaint.
Government as plaintiff
CONTENT OF COMPLAINT
Private individuals all persons owning or claiming to own, or
o shall state with certainty the right and purpose of
occupying, any part thereof or interest therein, showing, so far as
expropriation
practicable, the separate interest of each defendant.
o describe the real or personal property sought to be
WHEN? expropriated
o join as defendants all persons owning or claiming to own,
The owner refuses to sell or occupying, any part thereof or interest therein,
If the owner agreed to sell but agreement as to the price cannot showing, so far as practicable, the separate interest of
be ascertained each defendant.
(B) Section 2 Rule 67 RC
WHERE? Deposits with the authorized government depositary an
amount equivalent to the assessed value of the property for
Before the RTC, because it is incapable of pecuniary
purposes of taxation to be held by such bank subject to the
estimation. Regardless of the value of the property. The
orders of the court.
primary consideration of an expropriation suit is whether the
Purposes of preliminary deposit III. ORDER TO THE SHERIFF TO PLACE THE PROPERTY TO THE
POSSESSION OF THE PLAINTIFF
1. It serves as an advanced payment to the owner of the property should the
Upon the filing of the complaint or at any time thereafter and after due
court decide in favor of the plaintiff;
notice to the defendant, the plaintiff shall have the right to take or enter
2. It shall serve as indemnity against any damage which the owner may have upon the possession of the real property involved if he deposits with the
sustained (Visayan Refining Company v. Camus, 40 Phil. 550). authorized government depositary an amount equivalent to the assessed
value of the property for purposes of taxation to be held by such bank
NOTE: The preliminary deposit is only necessary if the plaintiff desires entry subject to the orders of the court. RULE 67 SECTION 2
on the land upon its institution of the action (Regalado, 2010). After such deposit is made the court shall order the sheriff or other proper
officer to forthwith place the plaintiff in possession of the property involved
(C) Determine Whether or not under Section 2 R67 or RA NO. 8974 and promptly submit a report thereof to the court with service of copies to
the parties. RULE 67 SEC 2
SECTION 2 RULE 67 R.A. NO. 8974
Requisites in order that plaintiff may be authorized to immediately enter into
property under rule 67
Upon the:
The government is required only to The government is required to make
make initial deposit with an immediate payment to the property 1. Filing of complaint, serving notice to defendant and after depositing
authorized government depositary owner upon filing of the complaint the assessed value of property for taxation purposes with the
to be entitled to a writ of possession
to be entitled to a writ of possession authorized government depositary (Sec. 2, Rule 67); and
The initial deposit is equivalent to
The initial compensation is based on 2. Tender, or payment with legal interest from the taking of possession
the assessed value of the property fair market value of the property as of the property, of compensation fixed by the judgment and payment
for the purpose of taxation stated in the tax declaration or of costs by plaintiff (Sec. 10, Rule 67).
current relevant zonal valuation of
the BIR whichever is higher and the NOTE: Once the preliminary deposit has been made, the expropriator is
value of the improvements using entitled to a writ of possession as a matter of right, and the issuance of said
cost method writ becomes ministerial on the part of the trial court (Biglang-Awa v. Bacalla,
Applies to expropriation by the Applies to expropriation by G.R. Nos. 139927-36, November 22, 2000). The defenses by the owner against
government for purposes other than Government for purposes of immediate possession can be considered during trial on the merits
national infrastructure national infrastructure projects (NAPOCOR v. Jocson, 206 SCRA 520).
The market value of the property is the price that may be agreed upon by
STAGES OF EXPROPRIATION
parties willing but not compelled to enter into the contract of sale. Not
unlikely, a buyer desperate to acquire a piece of property would agree to pay
VIII. PROPRIETY OF EXPROPRIATION
more, and a seller in urgent need of funds would agree to accept less, than (A) HEARING ON JUST COMPENSATION
what it is actually worth.
X. COURT WILL APPOINT COMMISSIONER
Among the factors to be considered in arriving at the fair market value of the
property are the cost of acquisition, the current value of like properties, its - The commissioners shall take and subscribe an oath that they will faithfully
actual or potential uses, and in the particular case of lands, their size, shape, perform their duties as commissioners, which oath shall be filed in court
location, and the tax declarations thereon (National Power Corporation v. De with the other proceedings in the case.
la Cruz, G.R. No. 156093, February 2, 2007). - The commissioners shall make a full and accurate report to the court of all
their proceedings, and such proceedings shall not be effectual until the court
Formula for the determination of just compensation
shall have accepted their report and rendered judgment in accordance with
their recommendations. Except as otherwise expressly ordered by the court,
such report shall be filed within sixty (60) days from the date the
JC = FMV + CD – CB commissioners were notified of their appointment, which time may be
extended in the discretion of the court. Upon the filing of such report, the
If CD is more than CB then: clerk of the court shall serve copies thereof on all interested parties, with
notice that they are allowed ten (10) days within which to file objections to
JC = FMV the findings of the report, if they so desire.(RULE 67 SECTION 6)
Appeal
XVI. IF THE EXPROPRIATION PROCEEDINGS HAS BEEN DENIED
The Final order sustaining the right to expropriate the property may be (XVI. A) ORDER THE PLAINTIFF TO RESTORE
appealed by any of the aggrieved party (SECTION 4 RUL3 67)
But if the appellate court determines that plaintiff has no right of
expropriation, judgment shall be rendered ordering the Regional Trial Court
to forthwith enforce the restoration to the defendant of the possession of
the property, and to determine the damages which the defendant sustained
and may recover by reason of the possession taken by the plaintiff. (11a)