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- Eminent domain, also known as expropriation, is a power vested in the State to take private property for public use upon payment of just compensation. In the Philippines, this is a constitutional principle governed by the 1987 Constitution, Republic Act No. 10752 (The Right-of-Way Act), as well as jurisprudence.
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Sep 21, 2024 · Eminent Domain under Philippine Law: In the context of Philippine Political Law and Public International Law, the power of eminent domain refers to the inherent authority of the state to take or appropriate private property for public use, with just compensation.
- Introduction
- What Is The Power of Eminent Domain in The Philippines?
- Who May Exercise The Power of Eminent domain?
- What Are The Requisites For The Valid Exercise of The Power of Eminent domain?
- The Property Taken Must Be Private Property
- Necessity of Exercise
- The Taking Must Be For Public Use
- What Constitutes Taking?
- There Must Be Payment of Just Compensation
- Who Determines Just Compensation?
While the Covid-19 virus causes a great damage not only in the people’s lives but also in the development and growth of the country’s economy, the Philippines is on its way to recover from economic downturn owing to the pandemic. In 2016 when the Duterte’s administration started, one of its projects is the “BUILD, BUILD, BUILD PROGRAM” that aims to...
It is one of the fundamental powers of the State. It is also called as the power of expropriation. This is the use of the government of its coercive authority, upon just compensation, to forcibly acquire the needed property for public purpose. Hence, it is an involuntary sale of real estate. This only means that even if the owner of the private pro...
The power of eminent domain is inherent in the Congress but this may be validly delegated to the President, local government bodies, certain public corporationslike the National Housing Authority, and even to private corporations performing public functions like the Philippine Long Distance Telephone Company (PLDT) and Meralco. Thus, in the case of...
The power of eminent domain, being inherent, need not be specifically conferred on the government by the Constitution. Section 9 of Article III of the Constitution provides that “private property shall not be taken for a public use without just compensation.” This merely imposes a limit on the state’s exercise of the power and a measure of protecti...
As a general rule, all private properties can be subjected to expropriation proceedings except private properties already devoted to public use. Thus, in City of Manila vs. Chinese Community,5the Court ruled:
In order for the exercise of the power of eminent domain to be valid, there must be a genuine necessity to expropriate the private property. But the question is when there is genuine necessity? In City of Manila vs. Arellano Law College,7 the Supreme Court explained that “necessity within the rule that the particular property to be expropriated mus...
There is public purpose whenever the taking is beneficially employed for the general welfare of the public. This includes both indirect and direct benefit and advantage to the public. In Yap vs. COA,9the Supreme Court explained; Hence, in the Heirs of Ardona vs. Reyes,11the Court quoted the opinion of Chief Justice Enrique M. Fernando in his book, ...
Under the power of eminent domain, the following requisites must concur in order to constitute taking: 1. The expropriator must enter a private property; 2. The entry must be for more than a momentary period; 3. The entry must be under warrant or color of legal authority; 4. The entry is for public purpose; and 5. The owner is deprived of enjoying ...
In taking the private property, the state must compensate the owner. Whenever there is expropriation proceedings, the expectation of the owner is that he shall earn a profit in selling the property and that, in cases where just compensation is not yet paid to the owner after a long period of time, the amount to be paid must be on the current fair m...
The determination of just compensation in expropriation proceedings is exclusively vested to the Court. Thus, in Export Processing Zone Authority vs. Dulay,23the court resolved: Republic Act(RA) No. 8974 likewise included a provision that reads:
Aug 20, 2020 · Requirements –– Eminent domain is the right or power of a sovereign state to appropriate private property to particular uses to promote public welfare; two mandatory requirements should underlie the Government’s exercise of this power: (1) that it is for a particular public purpose; and (2) that just compensation be paid to the property ...
Apr 14, 2024 · Eminent domain – is the power of the State to take private property for public use. It is an inherent power of State as it is a power necessary for the State’s existence; it is a power the State cannot do without.
Sep 28, 2024 · Eminent domain is the inherent power of the state to take or appropriate private property for public use, subject to the payment of just compensation. It is a concept grounded in the state's power to promote public welfare and interests, recognized in both national and international law.
The Philippine Constitution says that private property shall not be taken for public use without just compensation. This provision referred to as eminent domain or expropriation has resulted in a plethora of case law and academic literatures that help in defining what constitute public use, and how to determine just compensation.
Oct 25, 2023 · Eminent domain is a complex area of Philippine law encompassing constitutional principles, legislative enactments, and judicial interpretations. Individuals facing expropriation should seek qualified legal advice to understand their rights and options fully.
