Brgy. Sindalan vs.

CA
Expropriation, if misused or abused, would trench on the property rights of individuals without due processof law.

Theexercise of the power of eminent domain
is constrained by two constitutional provisions:(1) That private property shall not be taken for public use without
just compensation under Article III (Bill of Rights), Section 9 (2) That no person shall be deprived of
his/her life, liberty, or property without dueprocess of law
Public use
is defined as whatever is beneficially employed for the community- The number of people is not determinative of
whether or not it constitutes public use, providedthe use is exercisable in common and is not limited to particular
individuals
Requisites
for a valid exercise of Eminent domain:1. Expropriation is for a
public use
2. The payment of
just compensation
to the property owner.a. it must be real, substantial, full, and ampleb. should be made within a reasonable time
from the taking of the propertyc. any further delay in the payment will result in the imposition of 12% interest per
annum.
On the matter of due process
The property owner must be afforded a reasonable opportunity to be heard on the issues of publicuse and just
compensation and to present objections to and claims on them Taking of property for a private use or without just
compensation is a deprivation of property without dueprocess of law
Issues:
Whether the taking of the land was for a public purpose or use.Whether private property can be taken by law from
one person and given to another in the guise of publicpurpose.
Ruling:
NO1.) The expropriation will actually benefit the subdivisions owner who will be able to
circumvent hiscommitment to provide road access to the subdivision in conjunction with his
development per mi t andlicense to sell from the Housing and Land Use Regulatory Board, and also be relieved
of spending his ownfunds for a right-of-way.

The expropriation of respondents lot is for the actual benefit of the Davsan II Subdivision owner,
with incidental benefit to the subdivision homeowners.