Case No.

30
Visayan Refining Co vs. Camus , 40 Phil 550
G.R. L-15870

Facts:
Upon the direction of the Governor-General, the Attorney-General filed a complaint with the CFI
(Rizal) in the name of the Government of the Philippines for the condemnation of a certain tract of land
in Paranaque for military and aviation purposes. The petitioners herein are among the defendants named.
Likewise, it was prayed that the court will give the Government the possession of the land to be
expropriated after the necessary deposit (provisional) of P600, 000.00 as the total value of the property.
Through the order of the public respondent, Judge Camus, the prayer was granted.

During the pendency of the proceedings, the petitioners raised a demurrer questioning the
validity of the proceedings on the ground that there is no law authorizing the exercise of the power of
eminent domain. Likewise, they moved for the revocation of the order on the same ground stated and
with additional allegation that the deposit had been made without authority of law since the money was
taken from the unexpended balance of the funds appropriated by previous statutes for the use of the
Militia Commission and the authority for the exercise of the power of eminent domain could not be found
in those statutes. The demurrer and motion were overruled and denied respectively by Camus. This
prompted the petitioners to file this instant petition to stop the proceedings in the CFI.

Issue:
Can the Philippine Government initiate expropriation proceedings in the absence of a statute
authorizing the exercise of the power of eminent domain?

Held:
Yes, it can. The Philippine Government has the general authority to exercise the power of
eminent domain as expressly conferred by Section 63 of the Philippine Bill (Act of Congress of July 1,
1902). It says that the Philippine Government is authorized to acquire, receive, hold, maintain, and
convey title to real and personal property, and may acquire real estate for public uses by the exercise of
the right to eminent domain. The same is subject to the limitation of due process of law. In consonance
with this, Section 64 of the Administrative Code of the Philippine Islands (Act No. 2711) expressly confers
on the Government General the power to determine when it is necessary or advantageous to exercise the
right of eminent domain in behalf of the Government of the Philippine Island; and to direct the Attorney-
General, where such at is deemed advisable, to cause the condemnation proceedings to be begun in the
court having proper jurisdiction. There is no question as to the Governor General’s authority to exercise
this power.
However, this authority is not absolute. It is subject to two limitations, namely, that the taking
shall be for public purpose and there must be just compensation.
Apparently, the reason behind the taking of the subject land was for military and aviation purposes. This
considered a public purpose given the importance of the military and aviation in the operation of the
State.
As to the second requirement, it must be remembered that at that time there was no law
requiring that compensation shall actually be paid prior to the judgment of condemnation. The deposit
was made, despite the absence of said law, to afford absolute assurance that no piece of land can be
finally and irrevocably taken from an unwilling owner until compensation is paid. This is in conformity
with the just compensation requirement.
Given these reasons, the proceedings were made in accordance with law. Petition is denied.
Proceedings of the lower court were in all respects regular and within the jurisdiction of the court.