2. Immediate Possession of Expropriated Land

Requisites for Authorizing Immediate Entry

• The filing of a complaint for expropriation sufficient in form and substance; and
• The deposit of the amount equivalent to the assessed value of the property to be expropriated based on its current tax declaration (Bardillon v. Barangay Masili, G.R. No. 146886, 2003)

RIGHTS OF PLAINTIFF UPON JUDGMENT AND PAYMENT

After payment of the just compensation as determined in the judgment, the plaintiff shall have the right to enter upon the property expropriated and to appropriate the same for the public use or purpose defined in the judgment or to retain possession already previously made in accordance with Section 2, Rule 67 of the Rules of Court. (Sec. 10, Rule 67)

Title to the property expropriated passes from the owner to the expropriator upon full payment of just compensation. (Federated Realty Corp. v. CA, G.R. No. 127967, 2005)

It is arbitrary and capricious for a government agency to initiate expropriation proceedings, seize a person’s property, allow the judgment of the court to become final and executory and then refuse to pay on the ground that there are no appropriations for the property earlier taken and profitably used. Levy and garnishment of NHA funds and property must be executed by the sheriff as ordered by the court to compensate respondents. (NHA v. Heirs of Guivelondo, G.R. No. 154411, 2003).

EFFECT OF RECORDING OF JUDGMENT

Contents of Judgment

• An adequate description of the particular property or interest therein expropriated; and
• The nature of the public use or purpose for which it is expropriated.

When real estate is expropriated, a certified copy of such judgment shall be recorded in the registry of deeds of the place in which the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose. (Sec. 13, Rule 67)