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What is the primary purpose of the proceedings by the commissioners?

The primary purpose is to determine the just compensation to be paid to the landowner.

Appointment of Commissioners.
a. Appointment shall be made upon rendition of the order of expropriation;
b. The court will appoint not more than three (3) commissioners who are:
1. Competent; and
2. Disinterested
c. Their duty is to ascertain and report to the court the just compensation for the property
sought to be taken.
Note:
The order of appointment shall designate the time and place of the session of the hearing to
be held by the commissioners and specify the time within which to file their report. Copies of the order
shall be served to the parties.
Objection to Appointment of Commissioners
-

Objections may be made but must be filed within ten (10) days from service of order.

Period to resolve objections


-

Sec. 6 -

Within thirty (30) days after all commissioners shall have received the copies of the
objections.
Proceedings by Commissioners.

a. Before entering upon the performance of their duties, they must first take and subscribed
and oath that they will faithfully perform their duties as commissioners which oath shall be
filed in the court with the other proceedings;
b. Thereafter, evidence may be introduced by either of the parties on hearings before the
commissioners who are authorized to administer oath;
c. Commissioners shall view and examine the property sought to be expropriated and its
surroundings, unless the parties consent to the contrary, after due notice to the parties to
attend;
d. Commissioners are also allowed to measure the property;
e. Then, either party may argue the case by himself or by counsel;
f. The commissioners will assess the consequential damages to the property not taken; and
g. Deduct the consequential benefits to be derived from the public use or purpose of the
property taken.
General Rule in arriving at just compensation
Value of property (as of the date of taking / date of filing of the complaint)
Consequential Damages
- Consequential Benefits
____________________________
Just Compensation
+

Determination of value
Before institution of expropriation proceedings

nature and value of land as of date


of taking.

Coincides or subsequent to filing of proceedings

value at time of filing, with interest


from taking and attorneys fees to be
determined by the trial court.

Note:
In no case shall the consequential benefits assessed exceed the consequential damages
assessed.
Or the owner be deprived of the actual value so taken.
Republic vs. Urtula, 110 Phil. 262.
The assessed value, if assessment is based on the sworn statement of the owner is only a
prima facie evidence of the actual value of the property.
Republic vs. Lara, 96 Phil. 170.
Sentimental value is not considered in the determination of the value of the property.
NPC vs. Jocson, 206 SCRA 520.
The Constitution reserved to the court the determination of just compensation, with the
assistance of not more that three (3) commissioners.
Sec. 7 -

Report by Commissioner and Judgment thereupon.

a. Partial Report
The court may order the commissioners to report when any particular portion is
passed by them and may render judgment upon partial portion.
The court shall then direct the commissioners to proceed with their work as to
subsequent portions of the property, and may from time to time deal with such property.
b. Full Report
The commissioners shall make a full and accurate report to the court of all their
proceedings.
But such proceedings shall not be effectual until the court shall have accepted their
report and rendered judgment in accordance with their recommendations.
Period of Filing of Report
- Report shall be filed within sixty (60) days from the date the commissioners were notified
of their appointment, unless, otherwise provided.
- Extension of period is discretionary upon the court.
Process
Sec. 8 -

Upon filing of such report, the clerk of court shall serve copies to all parties interested with
notice of right to file objection to such report.
Objections may be filed within ten (10) days.
Action Upon Commissioners Report
After the lapse of the ten (10) day period or within such period but after all the objections
or statement of agreement have been filed, the court may:
a. Accept the report and render judgment in accordance therewith;
b. For cause shown, recommit the same to the commissioners for further report of
facts;
c. Set aside the report and appoint new commissioners;
d. Accept in part or reject in part; and
e. Make an order or judgment to secure the plaintiff of the property and the
defendant just compensation.

Sec. 9 -

Uncertain Ownership; Conflicting Claims.

What if the ownership is uncertain or there are conflicting claims?


- The court may order any sum or sums awarded as compensation to for the property to be
paid to the court for the benefit of the person adjudged.
- Provided, that judgment shall require the payment either to the defendant or the court
before the plaintiff can enter upon the property.
- However, if entry has already been made, retain it for the public use or purpose.
Note:
The court shall have the jurisdiction to determine in the same expropriation proceedings,
conflicting claims of ownership and declare the lawful owner thereof.
Sec. 10 -

Rights of the Plaintiff after Judgment and Payment.

After payment of compensation or after tendering of the amount, the plaintiff may:
a. Enter upon the property;
b. Appropriate such property for public use or purpose as defined in the judgment; and
c. To retain property if taken immediate possession and made deposit under Sec. 2 of Rule
67.
Absence of Defendant and Counsel / Payment Declined
- Payment will be ordered to be deposited in court.
What is the effect of such deposit?
- Same effect as actual payment to the defendant or the person ultimately adjudged.
Sec. 11 -

Entry Not Delayed of Appeal; Effect of Reversal.


The right of the plaintiff to enter and appropriate the property is not delayed by an appeal.

What if there is not right of expropriation? And the judgment is reversed?


- After determination by the appellate court, it may order the RTC to enforce the restoration
of the plaintiffs possession of the property and determine the damages sustained.
MWC vs. De los Angeles, 55 Phil 776.
The landowner has the option of proving such damages either in the same expropriation case
or a separate action.
Republic vs. Baylosis, 109 Phil 580.
Judgment denying the expropriation is not res judicata on the issue of damages arising from
such illegal expropriation.
Sec. 11 in relation to Sec. 10.
The right of entry may immediately be availed despite the pendency of any appeal, provided,
that the plaintiff first pay the landowner or deposit with the clerk of court the just compensation
determined in the judgment.
Sec. 12 -

Costs, by whom paid.

Commissioners fee
All costs
Except:

taxed as part of the costs of the proceedings.


plaintiff

those of rival claimants.

Appeal by owner (if granted) / Costs of Appeal

owner

Sec. 13 Recording of Judgment and its Effect.


Judgment entered shall state definitely and by an adequate description the:
a. Particular property or interest expropriated; and
b. Nature of the public use or purpose.
In case of real estate:
- Certified copy of the judgment shall be recorded in the Registry of Deeds of the place
where the property is located.
Effect of Registration
- Vest to the plaintiff the title of the real estate so described for the public use or purpose.
Sec. 14 -

Power of Guardian in such Proceedings.


The guardian or guardian ad litem may do and perform on behalf of his ward any act,
matter or thing respecting the expropriation for public use or purpose of property
belonging to such ward which he could do in such proceedings if he was of age or
competent.
This is allowed provided that:
a. There is approval of the court; and
b. The person being represented is a minor or a person judicially declared to be
incompetent.

Civil Procedure
Report on Expropriation (Sec. 5 to 14, Rule 67)
By: Iola Vianka M. Pion