RULE 67 EXPROPRIATION
compensation.
One of the inherent powers of the State:
EMINENT DOMAIN
Right to take or reassert dominion over
property within the state for public use or
meet a public exigency (Air Transportation
Office v. Gopuco Jr., 462 SCRA 544, 556)
Ultimate right of the sovereign power to
appropriate, not only the public but the
private property of all citizens within the
territorial sovereignty, to public purpose
(Republic vs. Heirs of Borbon, GR No.
165354)
AUTHORITY TO EXERCISE THIS POWER
INHERENT - Congress
DELEGATED - Political subdivisions; Public
utilities
Constitutional Limitations to Its Exercise:
Art. III, Section IX of the 1987 Philippine
Constitution:
Private property shall not be taken for public use
without just compensation.
Art. XII, Section 18 of the 1987 Philippine
Constitution:
The State may, in the interest of national welfare
or defense, establish and operate vital industries
and, upon payment of just compensation, transfer
to public ownership utilities and other private
enterprises to be operated by the Government.
Specific Limitations to its exercise:
Public use
Just compensation
PUBLIC USE
use by the public
NO EXPROPRIATION unless it is for
POSSESSION, OCCUPATION, and
ENJOYMENT OF THE PUBLIC
JUST COMPENSATION
Full and fair equivalent of the property
taken from its owner by the expropriator.
Sum equivalent to the market value of the
property fixed at the time of the actual
taking by the government.
For owner and to all parties with lawful
interest therein.
Interest incurred due to delay is part of just
Essence of Expropriation
Forced private property taking, the landowner
being really without a ghost of a chance to defeat
the case of the expropriating agency.
Government Has No Unrestricted Title to the
Land Expropriated
Use of the property must be pursuant to
the purpose stated in the petition for
expropriation.
REQUISITES FOR A LOCAL GOVERNMENT
UNIT TO EXERCISE POWER OF EMINENT
DOMAIN:
Ordinance is enacted by a local legislative
council to exercise the power of eminent
domain
The power of eminent domain is exercised
for public use, purpose or welfare, or for
the benefit of the poor and the landless;
The power may be exercised through its
chief executive acting pursuant to the
enacted ordinance;
There is payment of just compensation, as
required under the Constitution, and other
pertinent laws; and
A valid and definite offer has been
previously made to the owner of the
property sought to be expropriated, but
said offer was not accepted. (Section 19 of
RA 7160, LGC)
EXERCISE OF EMINENT DOMAIN BY LGUs
Must be through an ORDINANCE, not a
mere RESOLUTION
HOW THE LOCAL GOVERNMENT UNIT MAY
IMMEDIATELY TAKE POSSESSION OF THE
PROPERTY
a. Expropriation proceedings are filed; and
b. The local government makes a deposit with the
proper court of at least fifteen percent (15%) of
the fair market value of the property based on the
current tax declaration of the property to
beexpropriated.
EXTENT OF EXPROPRIATION
Not only limited to acquisition of title but
also includes right-of-way easement.