2. Eminent Domain (See also RA 10752, as amended by RA 12289)

J. Eminent Domain

1. Concept 2. Public Use 3. Just Compensation 4. Expropriation by LGUs

NOTE:

• The determination of “just compensation” in eminent domain cases is a judicial function. Hence, a statutory provision on a fixed formula in the computation of just compensation in cases of acquisition of easements of right of way is not binding in the Court. (National Power Corp. v. lleto, G.R. No. 169957, 2012).
• Just compensation is determined as of the date of taking or the filing of the expropriation complaint, whichever came first.

When LGU may take possession of property

The LGU may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least 15% of the fair market value of the property to be expropriated based on its current tax declaration. Upon compliance with these requirements, the issuance of a writ of possession becomes ministerial. (lloilo City v. Legaspi, G.R. 154614, 2004).

Which lands to expropriate

Private lands rank last in the order of priority for purposes of socialized housing. In the same vein, expropriation proceedings are to be resorted to only after the other modes of acquisitions have been exhausted. Compliance with these conditions is mandatory because these are the only safeguards of oftentimes helpless owners of private property against violation of due process when their property is forcibly taken from them for public use.

Public Use

Public use includes not only use directly available to the public but also those which redound to their indirect benefit [Heirs of Ardona v. Reyes, G.R. Nos. L-60549, 60553- 55 (1983)].

As long as the public has the right of use, whether exercised by one or many members of public, a public advantage or public benefit accrues sufficient to constitute a public use [Manosca v. Court of Appeals, G.R. No. 106440 (Sept. 30, 1996)].

Just Compensation

Just compensation is defined as the full and fair equivalent of the property taken from its owner by the expropriator. The measure is not the taker's gain, but the owner's loss. The word "just" is used to intensify the meaning of the word "compensation" and to convey thereby the idea that the equivalent to be rendered for the property to be taken shall be real, substantial, full, and ample [National Transmission Corporation v. Oroville Development Corporation, G.R. No. 223366 (2017)].