Slide 1

Rule 67: Expropriation

Slide 2

Concepts: Expropriation

Inherent Powers of the State

Police Power Eminent domain Taxation

The right of the State to acquire private property for public use upon the payment of just
compensation

- Certain limitations are laid down by the 1987 Constitution

- Expropriation proceedings are governed by Rule 67

Slide 3

Concepts: Expropriation

Requisites:
1. The property taken must be private property
2. There must be genuine necessity to take the private property
3. The taking must be for public use*
4. There must be payment of just compensation
5. The taking must comply with due process of law

*Public use – any use that is of usefulness, utility, or advantage, or what is productive of
general benefit of the public

Slide 4

Rule 67: Expropriation

Sec.1. Matters to allege in complaint for expropriation

A complaint is filed only when the owner does not agree to sell his property, or if he is willing to
sell but does not agree with the price offered.
The plaintiff files a verified complaint, which shall:
1. State with certainty the right of the plaintiff to expropriation and the purpose thereof;
2. Describe the real or personal property sought to be expropriated; and
3. Join as defendants ALL persons owning or claiming to own, or occupying, any part of
the property or interest therein, showing the interest of each defendant

*If the right to expropriate is conferred by law, no need to state with certainty the right of
expropriation.

Where to file: RTC where property is located. An action for expropriation is incapable of
pecuniary estimation. The payment of just compensation is merely incidental to the
expropriation suit because the amount is determined only after the court is satisfied with the
propriety of the expropriation.

Slide 5

Rule 67: Expropriation

Two phases
 First stage: Propriety of expropriation
 Necessity
 Public purpose

Ends with an order, if not of dismissal of the action

o An order of dismissal is a final one since it finally disposes of the action
o An order of condemnation declaring that the plaintiff has a lawful right to
take the property is a final one as the ROC provides that “no objection to the
exercise of the right of condemnation shall be filed or heard.”
- A final order sustaining the right to expropriate the property may
be appealed by any party aggrieved thereby. (Sec.4, Rule 67)

 Second stage: Just compensation

 Determination of just compensation
o With the assistance of not more than three (3) commissioners
o Order fixing the just compensation on the basis of the evidence

Slide 6

Rule 67: Expropriation

Sec.2. When plaintiff can immediately enter into possession of the real property

1. Upon filing of complaint or at any time thereafter, and after due notice to defendant;
and
2. Making preliminary deposit
 - Only necessary if the plaintiff desires entry on the land upon its institution of the
action; otherwise, he has to wait until the order of expropriation is issued before
he can enter upon the land.
- Constitutes advanced payment in the event the expropriation proceeds, and
stands as indemnity for damages should the proceedings not succeed.

Preliminary deposit
Real property:
Assessed value of the property for purposes of taxation
Value
Personal property:
Provisionally ascertained and the amount to be deposited shall be fixed by the
court
Where to With the authorized government depositary
deposit
General rule: In money
Form of
deposit Exception: certificate of deposit of a government bank of the RP payable on
demand to the authorized government depositary
The court orders the sheriff to place the plaintiff in possession of the property and
promptly submit a report thereof to the court with service of copies to the parties
After
deposit is
*The expropriator is entitled to a writ of possession as a matter of right and
made
the issuance of said writ becomes ministerial on the part of the trial court.
* Prior hearing is not required

Slide 7

RA 10752 of 2016 or “The Right-of-Way Act”

- An Act Facilitating the Acquisition of Right-of-Way Site or Location for National
Government Infrastructure Projects and For Other Purposes
- Repealed RA 8974 of 2000
- National Government Projects – national government infrastructure projects and its
public service facilities, engineering works, and service contracts, including projects
undertaken by GOCCs, all projects covered by the Build-Operate-Transfer Law, and
other related and necessary activities (Sec 3, RA 10752)

Sec. 2, Rule 67 R.A. 10752

Scope Expropriation in general, for both real National government projects (Sec 3,
and personal properties RA 10752)
For writ of Government is required to make a Upon filing of the complaint and after
possession preliminary deposit due notice to the defendant, the
to issue implementing agency shall
immediately deposit to the court in
favor of the owner the amount
provided in the Act
Amount of Assessed value of real property a. 100% of the value of the land
payment of Amount fixed by the court for personal based on the current zonal
deposit property valuation of the BIR
b. Replacement cost at current MV
of the improvements and
structures
c. Current MV of crops and trees
located within the property (Sec
6, RA 10752)

Slide 8

Special Laws: Expropriation

 RA 10752 – discussed already

 Sec. 19, RA 7160 or The Local Government Code

- Exercise of eminent domain by LGUs

1. An ordinance is enacted
2. Exercised for public use, purpose or welfare, or for the benefit of the poor and the
landless
3. Exercised through the LGU’s chief executive
4. Payment of just compensation
5. A valid and definite offer has been previously offered made to the owner of the property
but the said offer was not accepted

The LGU may immediately take possession of the property by:

a. Filing of expropriation proceedings; and
b. Making a deposit with the proper court of at least 15% of the FMV of the property at the
time of the taking

Slide 8

Special Laws: Expropriation

New system of immediate payment of initial just compensation under RA 10752

- Applies only in cases involving national government infrastructures
- The implementing agency shall immediately deposit to the court in favor of the owner
the amount equivalent to the sum provided under Sec 6 of RA 10752.
- If expropriation is engaged in by the national government for purposes other than
national infrastructure projects, the assessed value standard and the deposit mode
prescribed in Rule 67 continues to apply.
Slide 9 ñ

Sec.3. Defenses and objections

Service of summons
The defendants shall be served with summons. The defendants pertain to ALL persons owning
or claiming to own, or occupying, any part of the property or interest therein.

No objection to or defense against With objection to or defense

taking against taking
What to file and Notice of appearance and a Answer
serve manifestation
Period to file Within the time stated in the summons
Contents a. Manifestation to the effect that he a. Specifically designate or
has no objection or defense identify the property in
b. Specifically designating/identifying which he claims to have an
the property in which he claims to interest
be interested b. State the nature and the
extent of the interest
claimed
c. Adduce all his objections
and defenses to the taking
of his property
Prohibited Counterclaim, cross-claim, or
pleadings third-party complaint in the
answer or any subsequent
pleading

Slide 10

Sec.3. Defenses and objections

 Omnibus Motion Rule applies

 Remedy when some offenses are omitted:
- Seek leave to amend the answer within 10 days from the filing thereof
 Effect of failure to file an answer:
- Does not totally lose his standing in court, unlike the effect of being declared in
default in an ordinary civil action
- Defendant may still present evidence as to the amount of the compensation to
be paid for his property, and share in the distribution of the award