Traditional

PUBLIC USE

POLITICAL LAW; INHERENT POWERS OF THE STATE; EMINENT DOMAIN; PUBLIC PURPOSE; CONCEPT. —
Modernly, there has been a shift from the literal to a broader interpretation of "public purpose" or
"public use" for which the power of eminent domain may be exercised. The old concept was that the
condemned property must actually be used by the general public (e.g. roads, bridges, public plazas, etc.)
before the taking thereof could satisfy the constitutional requirement of "public use". Under the new
concept, "public use" means public advantage, convenience or benefit, which tends to contribute to the
general welfare and the prosperity of the whole community, like a resort complex for tourists or housing
project (Heirs of Juancho Ardano v. Reyes, 125 SCRA 220 [1983]; Sumulong v. Guerrero, 154 SCRA 461
[1987]).||| (Province of Camarines Sur v. Court of Appeals, G.R. No. 103125, [May 17, 1993])

NOVEL
Public Use (Reason for the benefit of the General Public)

As volcanic activity in Taal Volcano continues to worsen, more residents of Talisay Batangas are
becoming affected with their daily lives. The evacuation centers provided by the National
Government are not enough to cater even the basic needs of Talisay residents such as clean
water, food and temporary living quarters.This type of calamity is unpredictable and as of this
moment, Taal Volcano remains restless although NDRRMC’s report shows a downgrade of Taal
Volcano’s activity.[1]

To help bring comfort and cater the needs of Talisay residents, it is appropriate to locate them
outside of the declared 14-kilometer danger zone within the Province of Batangas. The taking of
this private property,_______________________, is to secure that the residents of Talisay
Batangas will have a decent life during calamities. The local government unit of Taal will convert
the said property into a socialized housing that will serve as Talisay resident’s shelter and will
protect them from Taal Volcano’s ash fall.

In Heirs of Juancho Ardona, et al. vs. Reyes, et al., it was specified that “It is accurate to state
then that at present whatever may be beneficially employed for the general welfare satisfies the
requirement of public use.” The expropriation of private property for the purpose of socialized
housing for the marginalized sector is in furtherance of the social justice provision under Section
1, Article XIII of the Constitution which states that the Congress shall give highest priority to
enactment of measures that protect and enhance the right of all the people to human dignity,
reduce social, social economic, and political inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the common good.Through a valid delegation by
the Congress the local government unit of Talisay Batangas has the power to take the private
property for the benefit of its constituents. .

It must also be noted that according to jurisprudence, it is now a settled doctrine that the concept
of public use is no longer limited to traditional purposes. Here, as elsewhere, the idea that "public
use" is strictly limited to clear cases of "use by the public" has been abandoned. The term "public
use" has now been held to be synonymous with "public interest," "public benefit," "public welfare,"
and "public convenience." The rationale for this new approach is well explained in the above-
mentioned case that “The restrictive view of public use may be appropriate for a nation which
circumscribes the scope of government activities and public concerns and which possesses big
and correctly located public lands that obviate the need to take private property for public
purposes. Neither circumstance applies to the Philippines. We have never been a laissez faire
State. And the necessities which impel the exertion of sovereign power are all too often found in
areas of scarce public land or limited government resources”. This socialized housing will not only
be useful during Taal Volcano’s eruption but will also be used in future calamities.

There is also a need to have wider and better roads that will connect to the property to be used
as social housing for the evacuees for easy access of relief goods delivery and medical teams
that will aid the evacuees. Thus, it is the prerogative of the local government unit of Talisay
Batangas to construct a road to make this plan possible by virtue of Republic Act No. 917, an act
to provide for an effective highway administration, modify apportionment of highway funds and
give aid to the provinces, chartered cities and municipalities in the construction of roads and
streets, and for other purposes.

[1]https://ndrrmc.gov.ph/attachments/article/4007/Update_re_sitrep_no_61_taal_volcano_
eruption_as_of_04_february_2020_6A