Speci-l Proceedings

First word of Republic v Sereno

"Whoever w*lks in integrity *nd with mor*l ch*r*cter w*lks securely, but he
who t*kes crooked w*y will be discovered *nd punished (Proverbs 10>9)"

Expropri-tion:
!. Wh7t is expropri7tion?
● PROCEDURE to be observed in the exercise of the right of eminent dom-in

#. Wh7t is Eminent Dom7in

● power of the n-tion or sovereign st-te to t-ke, or to -uthorize the t-king of

priv-te propert for public use upon p-yment of just compens-tion.

$. Two st7ges in Expropri7tion proceedings?

● Determin-tion of the -uthority of the pl-intiff to exercise the power if

eminent dom-in -nd the proprietybof its exercise in the context of the f-cts
involved in the suit.
● Determin-tion by the court of the just compens-tion for the property

sought to be t-ken.

%. When is there 7 v7lid exercise of the right? (DCP)

● There is - v-lid exercise of the right:

● DUE PROCESS OF LAW

● PAYMENT OF JUST COMPENSATION

● TAKING MUST BE FOR PUBLIC USE.

&. Who h7s jurisdiction? Why?

● RTC. An -ction for expropri-tion is filed with the Region-l Tri-l Court

be-cuse it is -n -ction inc-p-ble of pecuni-ry estim-tion reg-rdless of the

v-lue of the expropri-ted property.
● the subject of -n expropri-tion suit is the government's exercise of eminent

dom-in. The v-lue of the property being incident-l to the expropri-tion

since it c-n only be determined -fter the court is s-tisfied with the propriety
of the expropri-tion ( Brgy. S-n Roque v Heirs of P-stor)

'. When is there t7king?

● there is t-king when the owner of the property is DEPRIVED or

DISPOSSESSED of his property

 ● There is PRACTICAL DESTRUCTION or MATERIAL IMPAIRMENT of the v-lue
of the property
● Owner is deprived of the ORDINARY USE of his property
● Owner is deprived of JURISDICTION OR CONTROL of his property

_. Elements of T7king (EMAPOD)

● Expropri-tor must ENTER the property sought to be expropri-ted

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● entr-nce to the property must be for MORE th-n - MOMENTARY PERIOD.

● The entry should be under w-rr-nt or color of AUTHORITY.

8● The property must be devoted for PUBLIC USE

O● the use of property must be in such - w-y -s to OUST the origin-l owner

-nd DEPRIVED him of the benefici-l use thereof.

`. Wh7t properties c7n be expropri7ted? Exception 7nd why?

● All properties c-n be expropri-ted (re-l or person-l)

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● Except : Money (futile bec-use of just compens-tion which is p-id through

money) -nd Choses in -ction (Conjectur-l in n-ture)

NOTE: Choses in Action - The right to bring * l*wsuit to recover ch*ttels,

money, or * debt.
NOTE: Conjectur*l- conclusion b*sed on incomplete inform*tion.

a. Wh7t is just compens7tion?

● In expropri-tion proceedings , just compens-tion is defined -s the FULL

-nd FAIR equiv-lent of the property t-ken from its owner by the
expropri-tor.
● To be considered just, compens-tion must be p-id WITHOUT DELAY -nd

must be FAIR -nd REASONABLE.

NOTE : the me-sure is not the t-ker's g-in but the owner's loss.

!b. Wh7t is RA 8974?

● AN ACT TO FACILITATE THE ACQUISITION OF RIGHT-OF-WAY, SITE

OR LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE

PROJECTS AND FOR OTHER PURPOSES
● Requires th-t the government m-ke - direct p-yment to the property owner

before the writ of expropri-tion m-y issue.

● P-yment is b-sed on zon-l v-lu-tions of the BIR, v-lue of the improvements

under repl-cement cost method.

NOTE: if expropri-tion is eng-ged by the n-tion-l government for purposes
OTHER th-n NIPs, the ASSESSED VALUE st-nd-rd prescribed by Rule 67
continues to -pply.
● Repe-led by Right of W-y Act ( RA 10752)

● Expropri-tion is -pplied when it is necess-ry to obt-in right of w-y for NIPs.

● Upon DEPOSIT to the court of the p-yment for the property sought to be

expropri-ted,

!!. Appe7l7ble b7 yung decision ng court n7 m7y 7uthority to exercise

the power of eminent dom7in?
● YES. Sec 4, Rule 67 . The order of expropri-tion is -ppe-l-ble.

!#. Ano m7ngy7y7ri p7g w7l7ng objection si owner? P77no p7g

meron?
● No expropri-tion proceedings needed if owner consents to the t-king.

● Sec 3 , Rule 67 st-tes th-t if defend-nt h-s no objections he m-y file -nd

serve - NOTICE OF APPEARANCE -nd MANIFESTATION specific-lly

design-ting or identifying the property which he cl-ims to be interested.
● There-fter, he sh-ll be entitled to the notice of -ll proceedings.

● if he h-s -n objection, he must file -n -nswer. The -nswer must st-te the
design-tion or identific-tion of which he cl-ims -n interest in. Next, the
n-ture -nd extent of the interest. -nd All objections -nd defenses to the
t-king.

Just Compens-tion Formul-

● JC = FMV + (CD-CB)

● JC= FMV ( if consequenti-l benefits is higher th-n consequenti-l d-m-ges

Consequenti-l D-m-ges - D-m-ges th-t occur -s -n indirect result of -n

event.
Consequenti-l Benefits - benefits th-t occur -s -n indirect result of -n event.
F-ir M-rket V-lue - price of property th-t buyers -nd sellers with re-son-ble
knowledge of pertinent f-cts -nd -re not -cting under -ny compulsion -re
willing to do business