February 11, 2023 ii.

With jurisdiction as conferred by

law
Eminent Domain
2. Administrative Due Process/Administrative
1. Not only Public Use but also for the use of a specific Proceedings
purpose in light of Public Interest a. Followed when a case is filed in
2. Just compensation administrative bodies performing quasi-
a. Not entirely based on FMV judicial functions
b. Determined by the court ONLY b. Notice and hearing are not indispensable
i. Tools: c. Requisites:
1. FMV i. What is important is the
a. When reckoned – opportunity to govern
from the time of ii. Substantial Evidence
taking d. Right to cross examination is not
2. Benefits and Losses to the demandable
property owner e. No strict application of the rules of court
3. Not necessarily the taking of property or disposition f. What is important is the opportunity to be
of ownership – it is possible that just an heard
impairment/burden on the property is
possible/diminution of benefit/substantial restriction=
still subject to just compensation TRO – 20 days
4. Exercise:
Within the 20 days, the court will determine if they will
a. National Government
issue a Temporary Injunction. Court will issue permanent
i. Deposit must be 100% - based on
injunction if needed.
Zonal Valuation of the BIR for the
last 3 years Cash Bond – by the party requesting TRO/Injunction
b. Local Government Unit
i. There must be an ordinance as If TRO or Injunction will be cancelled, injured party
required in the Local Government may claim for damages from the cash bond.
Code
ii. Deposit must be 15% of the FMV as
determined in the Tax Declaration

February 18, 2023

The Due Process

Article III. SECTION 1. No person shall be deprived of life, liberty,

or property without due process of law, nor shall any person be
denied the equal protection of the laws.

 As a rule – one will be deprived of freedom without

due process of law
 life, liberty, or property may be taken as long as due
process has been undertaken.
o The deprivation is intrinsically valid

Void for Vagueness Doctrine – may be used to challenge the

validity of a criminal statute

1. Judicial Due Process

a. Followed when a case is filed in court
b. Requisites:
i. Impartial Court