Eminent Domain

What is Eminent Domain?

• Also called the power of expropriation, it is
described as “the highest and most exact idea
of property remaining in the government”
that may be acquired for some public purpose
through a method “in the nature of a
compulsory sale to the State.”
 Who may exercise it?
• The Congress
• The President of the Philippines
• The various local legislative bodies
• Certain Public Corporations (ex: National
Housing Authority and water districts)
• Quasi-public corporations (ex: Philippine
National Railways, PLDT and Meralco)
 Essential Requisites for the exercise by a local
government unit of the power of expropriation
• Enactment of an ordinance and not a
resolution
• It must be for public use
• Payment of just compensation
• Exercise must be preceded by a valid and
definite offer made to the owner, who rejects
the same
 Difference of Eminent Domain from
Destruction from Necessity
Eminent Domain
• Public right
• It arises from law of society and is
vested in the state or its grantee,
acting under the right and power of
the state, or benefit of the state, or
those under it.
Destruction from Necessity
• Private right
• Comes under the right of necessity, of
self –preservation
• Arises under the laws of society or
society itself
• Cannot require the conversion of the
property taken to public use, nor is
there any need for the payment of just
compensation.
 Requisites of Eminent Domain
• Necessity of exercise
• Private property
• Taking
• Public use
• Just compensation
 Necessity of Exercise
• When exercised by legislature – political
question
• When exercised by a delegate – juticiable
question
 Private Property
• Anything that can come under the dominion
of man is subject to expropriation.
• The only exceptions to this rule are money
and choses in action.
• Property already devoted to public use cannot
be expropriated by a delegate acting under a
general grant authority. (City of Manila vs
Chinese Community)
 Taking
• May include trespass without actual eviction
of the owner, material impairment of the
value of the property or prevention of the
ordinary uses for which the property was
intended.
Requisites of Taking (Republic vs Castellvi)

• Expropriator must enter a private property

• Entry must be for more than a momentary
period
• Entry must be under the warrant of legal
authority
• Entry is for public use
• The owner is deprived of enjoying his property
 Public Use
• Any use directly available to the general public
as a matter of right and not merely of
forbearance or accommodation.
• Where expropriated property is converted
into a plaza, park, an airfield or highway it
thereby becomes res communes.
 Just Compensation
• Full and fair equivalent of the property taken
from the private owner by the expropriator.
• This is intended to indemnify the owner fully
for the loss he has sustained as a result of the
expropriation.