Expropriation

Rule 67

 Eminent

domain right of the state

to acquire private property for public
use upon payment of just
compensation
Expropriation procedure to be
followed in the exercise of the right
of eminent domain

Complaint; contents
Right

and purpose of expropriation

Description of the real and personal
property sought to be expropriated
All persons owning or claiming to
own or occupy any part or interest
if identity of real owners cannot be
accurately identified, an averment to
that effect shall be made

 Gen

Rule: all properties can be

expropriated except money and
choses in action

Entry of plaintiff upon

depositing value with
authorized government
depositary

Plaintiff shall have the right to take or

enter upon the possession of the real
property:
Upon filing of the complaint or at
anytime thereafter, after due notice
to the defendant; and
Upon deposit (for damages and
prepayment)

Duty of Sheriff
After deposit, the court shall order the
Sheriff or other proper officer to:
Place the plaintiff in possession of
the property involved
Promptly submit a report thereof to
the court with service of copies to
the parties

Defendant shall be served with summons

If he has no objection, file and serve a
notice of appearance and manifestation to
that effect; thereafter, he shall be entitled
to notice of all proceedings
If he has objection, he must file an answer
within the time specified in the summons.
No counter-claim, cross-claim or third
party complaint is allowed
Failure to answer or allege defenses or
objections taken as WAIVER but not loss of
standing in court; can present evidence in
the hearing of just compensation

PROCEEDINGS BY
COMMISSIONER
Take

an oath before performing duties;

oath filed in Court
Parties may introduce evidence before
him/her
He/she is authorized to administer
oaths on hearing before them
View and examine the property sought
to be expropriated and its surroundings

 Assess

the consequential damages to

the property not taken
Deduct from consequential damages
the consequential benefits derived
by the owner
In no case shall consequential benefit
exceed consequential damages
Make a partial or full and accurate
report to court (60 days for full
report, extendible)

Actions taken by Clerk of

Court
Serve

copies of the report to all

interested parties upon its filing
With notice that they are allowed 10
days to file objections to the findings
of the report if they so desire

Action by Court upon the

Report of the Commissioner
The Court may, after hearing
Accept the report and render judgement in
accordance with it
For cause shown, recommit the same to the
commisssioners for further report of facts
Accept report in part and reject in part
May make appropriate order or render
judgment to secure right of plaintiff and
defendant

STAGES IN EXPROPRIATION
Determination

of plaintiffs authority
to exercise the power of eminent
domain and the propriety of its rightcourt order is appealable
Determination of just compensation
for the property sought to be taken
(filing or possession whichever
comes first) (order is appealable)
JC= FMV + CD - CB

case
GR

166973, National Power Corp vs

Co, 2009