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government has complied with the requisites of taking of

private property.
WHAT?
 The court determines the authority of the government
 It is the right of the State to acquire private property for
entity, necessity of the expropriation, and observance of due
public use upon the payment of just compensation.
process
 It is the procedure for enforcing the right of eminent domain.  Although the value of the property to be expropriated is
LIMITATIONS FOR THE POWER: estimated in monetary terms, this is merely incidental to the
expropriation suit because the amount of just compensation
 Public use is only determined after the court is satisfied with the
 Just compensation propriety of the expropriation. (Barangay San Roque v. Heirs
 Due Process of Pastor)
 Equal Protection
WHY?
WHO?
 Purpose of expropriation:
 Entities involved: For Public use or to meet public exigency
Government as plaintiff
Private individuals HOW EXERCISED?
Court as the impartial adjudicating authority
 Exercised by: I. FILING OF COMPLAINT WITH DEPOSIT
The Congress thru Solicitor General (A) Section 1 Rule 67 RC
The Delegating bodies thru LGU  The right of eminent domain shall be exercised by the filing of
 PARTIES: a verified complaint.
 Government as plaintiff
CONTENT OF COMPLAINT
Private individuals all persons owning or claiming to own, or
o shall state with certainty the right and purpose of
occupying, any part thereof or interest therein, showing, so far as
expropriation
practicable, the separate interest of each defendant.
o describe the real or personal property sought to be
WHEN? expropriated
o join as defendants all persons owning or claiming to own,
 The owner refuses to sell or occupying, any part thereof or interest therein,
 If the owner agreed to sell but agreement as to the price cannot showing, so far as practicable, the separate interest of
be ascertained each defendant.
(B) Section 2 Rule 67 RC
WHERE?  Deposits with the authorized government depositary an
amount equivalent to the assessed value of the property for
 Before the RTC, because it is incapable of pecuniary
purposes of taxation to be held by such bank subject to the
estimation. Regardless of the value of the property. The
orders of the court.
primary consideration of an expropriation suit is whether the
Purposes of preliminary deposit III. ORDER TO THE SHERIFF TO PLACE THE PROPERTY TO THE
POSSESSION OF THE PLAINTIFF
1. It serves as an advanced payment to the owner of the property should the
 Upon the filing of the complaint or at any time thereafter and after due
court decide in favor of the plaintiff;
notice to the defendant, the plaintiff shall have the right to take or enter
2. It shall serve as indemnity against any damage which the owner may have upon the possession of the real property involved if he deposits with the
sustained (Visayan Refining Company v. Camus, 40 Phil. 550). authorized government depositary an amount equivalent to the assessed
value of the property for purposes of taxation to be held by such bank
NOTE: The preliminary deposit is only necessary if the plaintiff desires entry subject to the orders of the court. RULE 67 SECTION 2
on the land upon its institution of the action (Regalado, 2010).  After such deposit is made the court shall order the sheriff or other proper
officer to forthwith place the plaintiff in possession of the property involved
(C) Determine Whether or not under Section 2 R67 or RA NO. 8974 and promptly submit a report thereof to the court with service of copies to
the parties. RULE 67 SEC 2
SECTION 2 RULE 67 R.A. NO. 8974
Requisites in order that plaintiff may be authorized to immediately enter into
property under rule 67

Upon the:
The government is required only to The government is required to make
make initial deposit with an immediate payment to the property 1. Filing of complaint, serving notice to defendant and after depositing
authorized government depositary owner upon filing of the complaint the assessed value of property for taxation purposes with the
to be entitled to a writ of possession
to be entitled to a writ of possession authorized government depositary (Sec. 2, Rule 67); and
The initial deposit is equivalent to
The initial compensation is based on 2. Tender, or payment with legal interest from the taking of possession
the assessed value of the property fair market value of the property as of the property, of compensation fixed by the judgment and payment
for the purpose of taxation stated in the tax declaration or of costs by plaintiff (Sec. 10, Rule 67).
current relevant zonal valuation of
the BIR whichever is higher and the NOTE: Once the preliminary deposit has been made, the expropriator is
value of the improvements using entitled to a writ of possession as a matter of right, and the issuance of said
cost method writ becomes ministerial on the part of the trial court (Biglang-Awa v. Bacalla,
Applies to expropriation by the Applies to expropriation by G.R. Nos. 139927-36, November 22, 2000). The defenses by the owner against
government for purposes other than Government for purposes of immediate possession can be considered during trial on the merits
national infrastructure national infrastructure projects (NAPOCOR v. Jocson, 206 SCRA 520).

IV. OPTIONS OF THE DEFENDANT


II. NOTICE AND SERVICE OF SUMMMONS
Declaration of Default
 Due notice to the defendant The defendant cannot be declared in default. However, failure to file
 Service of summons to both parties specifically on the an answer would not bar the court from rendering judgment on the
part of Defendant to abide with the Order of writ of right to expropriate, without prejudice to the defendant’s right to
possession. present evidence on just compensation and to share in the
distribution of the award (Sec. 3, Rule 67).
Determination whether or not for Public Purpose
V. DEFENDANT CAN MANIFEST HIS OBJECTIONS
- Usefulness, utility or advantage or what is productive of the
 Section 3 Rule 67, If a defendant has any objection to the filing of
general benefit (of the public)
or the allegations in the complaint, or any objection or defense to
the taking of his property, he shall serve his answer within the time - The determination of the authority of the plaintiff to expropriate.
stated in the summons. The answer shall specifically designate or The determination includes inquiry into the propriety of the
identify the property in which he claims to have an interest, state expropriation, it’s necessity and the public purpose
the nature and extent of the interest claimed, and adduce all his (A) FOR PUBLIC PURPOSE
objections and defenses to the taking of his property. (A.1) PROCEED TO SECOND STAGE
 No counterclaim, cross-claim or third-party complaint shall be (B) NOT FOR PUBLIC PURPOSE
alleged or allowed in the answer or any subsequent pleading. (B.1) DISMISSAL BY TRIAL COURT
(B.2) REMEDY: APPEAL
Duty of the Court if the defendant waives his defenses or objections
GRANTED: PROCEED TO 2ND STAGE
If a defendant waives all defenses and objections not so alleged, the court, in DENIED: DISMISSAL OF EXPROPRIATION CASE
the interest of justice, may permit amendments to the answer to be made
not later than 10 days from the filing thereof. However, at the trial of the IX. PAYMENT OF JUST COMPENSTAION
issue of just compensation, whether or not a defendant has previously Just compensation is defined as the full and fair equivalent of the
appeared or answered, he may present evidence as to the amount of the property sought to be expropriated. The measure is not the taker’s
compensation to be paid for his property, and he may share in the gain but the owner’s loss. The compensation, to be just, must be fair
distribution of the award (Sec. 3, Rule 67). not only to the owner but also to the taker. Even as undervaluation
would deprive the owner of his property without due process, so too
Remedy of defendant if answer omits some defenses
would its overvaluation unduly favor him to the prejudice of the
If the answer omits some defenses, the remedy, in order to prevent a waiver public (National Power Corporation v. De la Cruz, G.R. No. 156093,
of those defenses not alleged, is to seek leave to amend the answer within 10 February 2, 2007).
days from the filing thereof (Sec. 3, Rule 67).
How court determine just compensation
VI. IF NO OBJECTION
The trial court should first ascertain the market value of the property,
 If a defendant has no objection or defense to the action or the
to which should be added the consequential damages after deducting
taking of his property, he may file and serve a notice of appearance
therefrom the consequential benefits which may arise from the
and a manifestation to that effect, specifically designating or
identifying the property in which he claims to be interested, within expropriation. If the consequential benefits exceed the
the time stated in the summons. Thereafter, he shall be entitled to consequential damages, these items should be disregarded
notice of all proceedings affecting the same. altogether as the basic value of the property should be paid in every
VII. HEARING case.

The market value of the property is the price that may be agreed upon by
STAGES OF EXPROPRIATION
parties willing but not compelled to enter into the contract of sale. Not
unlikely, a buyer desperate to acquire a piece of property would agree to pay
VIII. PROPRIETY OF EXPROPRIATION
more, and a seller in urgent need of funds would agree to accept less, than (A) HEARING ON JUST COMPENSATION
what it is actually worth.
X. COURT WILL APPOINT COMMISSIONER
Among the factors to be considered in arriving at the fair market value of the
property are the cost of acquisition, the current value of like properties, its - The commissioners shall take and subscribe an oath that they will faithfully
actual or potential uses, and in the particular case of lands, their size, shape, perform their duties as commissioners, which oath shall be filed in court
location, and the tax declarations thereon (National Power Corporation v. De with the other proceedings in the case.
la Cruz, G.R. No. 156093, February 2, 2007). - The commissioners shall make a full and accurate report to the court of all
their proceedings, and such proceedings shall not be effectual until the court
Formula for the determination of just compensation
shall have accepted their report and rendered judgment in accordance with
their recommendations. Except as otherwise expressly ordered by the court,
such report shall be filed within sixty (60) days from the date the
JC = FMV + CD – CB commissioners were notified of their appointment, which time may be
extended in the discretion of the court. Upon the filing of such report, the
If CD is more than CB then: clerk of the court shall serve copies thereof on all interested parties, with
notice that they are allowed ten (10) days within which to file objections to
JC = FMV the findings of the report, if they so desire.(RULE 67 SECTION 6)

(A) PROCEEDINGS BY COMMISSIONER

(A.1) Evidence may be introduced by either party before the


LEGEND:
commissioners who are authorized to administer oaths on hearings before
JC – Just compensation
them, and the commissioners shall, unless the parties consent to the
FMV – Fair market value contrary, after due notice to the parties, to attend, view and examine the
CD – Consequential damages property sought to be expropriated and its surroundings, and may measure
CB – Consequential benefits the same, after which either party may, by himself or counsel, argue the
NOTE: Sentimental value is not included case. The commissioners shall assess the consequential damages to the
property not taken and deduct from such consequential damages the
Consequential Benefit consequential benefits to be derived by the owner from the public use or
It refers to actual benefits derived by the owner on the remaining purpose of the property taken, the operation of its franchise by the
portion of his land which are the direct and proximate results of the corporation or the carrying on of the business of the corporation or person
taking the property. But in no case shall the consequential benefits assessed
improvements consequent to the expropriation, and not the general
exceed the consequential damages assessed, or the owner be deprived of
benefits which he receives in common with community (Regalado,
the actual value of his property so taken. (RULE 67 SECTION 6)
2010).
(A.2) The court may order the commissioners to report when any
Reckoning point for determining just compensation particular portion of the real estate shall have been passed upon by them
The value of just compensation shall be determined as of the date of (B) THE COURT MAY GRANT
the taking of the property or the filing of the complaint, whichever
came first (Sec. 4, Rule 67). render judgment upon such partial report, and direct the commissioners to
proceed with their work as to subsequent portions of the property sought
to be expropriated, and may from time to time so deal with such property. MANNERS NOT AFFECTED BY APPEAL:
(RULE 67 SECTION 7)
1. Recall that the second stage in the expropriation process is the
(D). THE COURT MAY DENY determination of just compensation (SECTION 4 RULE 67)
It may set aside the report and appoint new commissioners; or it may accept 2. The right of the plaintiff to enter upon the property of the
the report in part and reject it in part and it may make such order or render defendant and appropriate the same for public use or purpose
such judgment as shall secure to the plaintiff the property essential to the shall not be delayed by an appeal from the judgment (RULE 67
exercise of his right of expropriation, and to the defendant just SECTION 11)
compensation for the property so taken. (RULE 67 SECTION 8)
The order of expropriation may be appealed by the defendant by record on
XI. THE COURT MAY GRANT THE EXPROPRIATION CASE appeal. This is an instance when multiple appeals are allowed because they
XII. FINAL ORDER OF EXPROPRIATION have separate and/or several judgments on different issues, e.g. issue on the
right to expropriate or issue of just compensation.
- An order of expropriation (or order of condemnation) will be issued
declaring that the plaintiff has a lawful right to take the property. NOTE: An appeal does not delay the right of the plaintiff to enter upon the
property of the defendant and appropriate the same for public use (Sec. 11,
It is issued when: 1. The objections to and the defenses against the right of
Rule 67). An appeal from judgment shall not prevent the court from
the plaintiff to expropriate the property are overruled, or 2. No party appears
determining the just compensation to be paid (Sec. 4, Rule 67).
to defend as required by this Rule (Sec. 4, Rule 67).
All costs, except those of rival claimants litigating their claims, shall be paid by the
NOTE: After the rendition of the order of expropriation, the plaintiff shall not plaintiff, unless an appeal is taken by the owner of the property and the judgment is
be permitted to dismiss or discontinue the proceeding except upon such affirmed, in which event the costs of the appeal shall be paid by the owner. (12a)
terms as the court deems just and equitable (Sec. 4, Rule 67).
XIII. PAYMENT OF JUST COMPENSATION (IF GRANTED)
Uncertain ownership XIV. DEFENDANT ACCEPTED THE JUST COMPENSATION
(XIV. 1) IF PAID BY PLAINTIFF
The trial court may decide conflicting claims of ownership in the same case.
If not paid immediately, no automatic reversion.
There is no need for an independent action since the person entitled thereto
will be adjudged in the same proceeding. However, the court may order any The plaintiff is given until 5 years from finality of judgment
sum(s) awarded as compensation for the property to be paid to the court for (XIV.2) JUST COMPENSATION NOT PAID
REMEDY OF DEFENDANT: RIGHT TO RECOVER POSSESSION
the benefit of the person that will be adjudged as entitled thereto (Sec. 9,
XV. DEFENDANT DID NOT ACCEPT PAYMENT OF JUST COMPENSATION
Rule 67).
- If the defendant and his counsel absent themselves from the court, or
NOTE: No dismissal by plaintiff upon rendition of the order of expropriation decline to receive the amount tendered, the same shall be ordered to be
EXCEPT upon such terms as the court deems just and equitable. deposited in court and such deposit shall have the same effect as actual
payment thereof to the defendant or the person ultimately adjudged
(XI.1) REMEDY OF DEFENDANT: APPEAL) entitled thereto. (SECTION 10 RULE 67)

Appeal
XVI. IF THE EXPROPRIATION PROCEEDINGS HAS BEEN DENIED
The Final order sustaining the right to expropriate the property may be (XVI. A) ORDER THE PLAINTIFF TO RESTORE
appealed by any of the aggrieved party (SECTION 4 RUL3 67)
But if the appellate court determines that plaintiff has no right of
expropriation, judgment shall be rendered ordering the Regional Trial Court
to forthwith enforce the restoration to the defendant of the possession of
the property, and to determine the damages which the defendant sustained
and may recover by reason of the possession taken by the plaintiff. (11a)