Moday v Court of appeals

Emeinent domain, the power which the Minicpality of Bunawan exercised in the
instatnt case, is fund . Compulsory sale . There must be a just compensation.
Basis: Regallean doctrine. The owner of all the land in the state is owned by the
state and the owner gets to hold a title because the state consented to it. Hence,
when the state needs such land for public use, it is reasonable that it be given back
to the state with just compensation

Who exercises power of eminent domain?

Congress or LGU

You leave the court questions regarding legality. However, questions of policy or
wisdom, is to the policy making bodies (congress)

The very foundation of the right to exercise eminent domain is a genione necessity,
and that necessity must be of a public character. The ascertainment of the
necessity must precede or accompany, and not follow, the taking of the land.

The determination of whether the exercise of eminent domain is necessity or not is

a political question if the one exercising is the legislative, which is inherent in them,
but judicial question to LGUs since the power is only delegated to it.
An ordinance is enacted by the local legislative council authorizing the local chief
executive, in behalf of the local government unit, to exercise the power of eminent
domain or pursue expropriation proceeding over a pirate property.
The power of the eminent domain is exercised for public use, purpose or welfare, or
for the benefit of the poor and the landless.
If ED for Socialize housing it must show that the private land is expropriated
because it is the LAST RESORT

ELEMENTS OF TAKING (RP v CASTELLVI)

The requisites for taking are:
1. The expropriator must enter a private property;
2. The entry must be for more than a momentary period;
3. It must be under warrant or color of authorities;
Meaning: They know that the property to be taken is a private property not
the enter thinking it is a government property. It is the enters within the
property with the intention to expropriate the property. (NAPOCOR v Court of
Appeals)
4. The property must be devoted for public use or otherwise informally
appropriated or injuriously affected; and
5. The utilization of the property for public use must be such a way as to oust
the owner and deprive him of beneficial enjoyment of the property.
E.g., the naked title is cancelled and transferred to the govt.

What may be taken? Private property.

Public Purpose = Public Use?
Public use =/ use by public
= beneficial to the public. It includes indirect benefits to the public.
= 200 socialized housing project.
= taking of property for erecting statute for the preservation of cultural
heritage.
=/ expropriating property to make road that will lead to the house of a
mayor in the mountain.

JUST COMPENSATION
-

Court will determine.

Nature: Justiciable question. (EPZA v Dulay)
2 Stages = Determination of _____ THEN Determination of just compensation.
FMV = value that will be agreeable between a seller that is not willing to sell
and a buyer that is not willing to buy.
Appoint 3 commissioners to determine what is FMV.
In assessing the FMV when only a portion of the lot is taken, JC = Fair Market
Value + [Consequential Damages Consequential Benefits]
WHEN CAN ENTRY BE MADE? DEPENDS WHO THE EXPROPRATOR
o If local govt. making deposit of 15pct of the FMV based on current
tax declaration.
o If not (e.g., national) making deposit equivalent full amount of the
assessed value of the property for purposes of taxation to be
held by such bank subject to the rders of the court? (RULE 67
EXPROPRA)
2016 taking and filling of proceeding; 2025 determination that the is
necessity to take; 2030 Final judgment of the assessment of just
compensation. RECKONING POINT? 2016.
2012 taking; 2016 filling of proceeding; 2025 determination that the is
necessity to take; 2030 Final judgment of the assessment of just
compensation. RECKONING POINT? 2012.
As a rule, there is no interest to be awarded. Interest is due only when there
is undue delay in payment of Just Compensation (5 years after the final
judgment). 6pct legal interest.
Can there be an occasion that other damages be awarded?
o If the government entered without following the legal steps required.
Who should be made party to a case of just compensation.
o Owner and those person having rights to the property.
If there is an ordinance passed ordering no structures to be built around a
specific plaza, is it Police Power or Eminent Domain?
Ordinance requiring all malls to have parking spaces inside the malls.
Justification: Public Safety. PP or ED?
o Eminent Domain because the ordinance is permanent in nature. To
compel Ayala Land, Robinsons, Shangri-La and SM [Prime] to provide
parking spaces for free can be considered as an unlawful taking of
property right without just compensation.||| (Office of the Solicitor
General v. Ayala Land, Inc., G.R. No. 177056, [September 18, 2009],
616 PHIL 587-616)
o If temporary, PP? (Solgen v Ayala Land)