THE 1987 CONSTITUTION OF

THE PHILIPPINES
ARTICLE III BILL OF RIGHTS
“SECTION 9”
REPORTER: Uyat, Jeremie A.
 SECTION 9

“Private property shall not be taken for

public use without just compensation”
 What is PROPERTY?
● (latin: Res Privata) in the abstract, is what belongs to or with something, wether
as an attribute or as a component of said thing.
● or so belonging to or owned by a person or jointly a group of people or a legal
entity like a corporation or even a society

Kinds of Property:

REAL PROPERTY
● Land and anything that has value classified to it.
● Can be classified as residential, commercial, agricultural, industrial or special
purpose.
 LAND
● Defined as the earths surface extending
downward to the center of the earth and upward
to infinity.

REAL ESTATE
● Everything that is permanently attached to it
including artificial, or permanent improvements
for the land.

In legal definition, Real estate usually refers to a private property that is owned by an
individual or a group of individuals.

In contrast, Public Property refers to a real property that is owned by the state.
Kinds of Property:

PERSONAL PROPERTY
● Property that is movable—sometimes reffered to as
chattel or personalty.

● TANGIBLE PERSONALTY, personal property that

has physical substance.

● INTANGIBLE PERSONALTY, personal property

that has the value of which does not defend on
physical substance.
Property Ownership

SINGLE INDIVIDUALS
● Property can be owned by a single human. However, many jurisdiction have
some stipulations thet limit property owning capacity. The two main limiting
factors include citizenship and competency of maintaining property.

CORPORATE OWNERS
● A corporation has legal power to use the and possess property just us a fictitious
legal human would. However, a corporation isn't a single human, it is a collective
will of a people who provide a service or build good.
Property Ownership
CONCURRENT OWNERS
● Property that can be owned by many different people and parties, property can be
shared by infinitely divisible number of people.

● THREE TYPES:

➢ JOINT TENANCY, each owner of the property has an undivided interest in it

along with full and complete ownership.
➢ TENANCY IN COMMON, the shares of ownership can be equal or unequal in
size.
➢ TENANCY BY ENTIRETY, each owner of the property has undivided interest
in it along with the full and complete ownership.
 SECTION 9

“Private property shall not be taken for

public use without just compensation”
THE POWER OF EMINENT DOMAIN

● The notion of Eminent Domain comes from the

writings of 17th century natural-law Jurist Hugo
Grotious and Samuel Pufendore.
● Jurist Hugo Grotious, used the term “Dominium
Eminens” in latin which means supreme lordship or
the right of the state to use or even destroy property
of subjects for the ends of public utility or extreme
necessity but with compensation.
● Jurist Samuel Pufendore, advanced the legal theory
that the legal theory that legitimacy of Property rests
on two conditions: occupation and state sanctions.
THE POWER OF EMINENT DOMAIN

We cull the recognized elements of the valid exercise of

Eminent Domain, namely:

➢ The property taken must be for private property.

➢ There must be genuine necessity to take the private
property.
➢ The taking must be for public use.
➢ There must be a payment of just compensation.
➢ The taking must comply with due process of law.
City Of Manila vs. Chinese Community Of Manila, 40 Phil. 349 (1919)

CASE DIGEST

FACTS: The City of Manila, plaintiff herein, prayed for the expropriation of a portion private cemetery
for the conversion into an extension of Rizal Avenue. Plaintiff claims that it is necessary that such
public improvement be made in the said portion of the private cemetery and that the said lands are
within their jurisdiction.

Defendants herein answered that the said expropriation was not necessary because other routes were
available. They further claimed that the expropriation of the cemetery would create irreparable loss and
injury to them and to all those persons owing and interested in the graves and monuments that would
have to be destroyed.

The lower court ruled that the said public improvement was not necessary on the particular-strip of land
in question. Plaintiff herein assailed that they have the right to exercise the power of eminent domain
and that the courts have no right to inquire and determine the necessity of the expropriation. Thus, the
same filed an appeal.
ISSUE: Whether
City Of Manila vs. Chinese Community Of Manila, 40 Phil. 349 (1919)

CASE DIGEST

ISSUE: Whether or not the courts may inquire into, and hear proof of the necessity of the expropriation.

HELD: The courts have the power of restricting the exercise of eminent domain to the actual reasonable
necessities of the case and for the purposes designated by the law. The moment the municipal
corporation or entity attempts to exercise the authority conferred, it must comply with the conditions
accompanying the authority. The necessity for conferring the authority upon a municipal corporation to
exercise the right of eminent domain is admittedly within the power of the legislature. But whether or
not the municipal corporation or entity is exercising the right in a particular case under the conditions
imposed by the general authority, is a question that the courts have the right to inquire to.
 SECTION 9

“Private property shall not be taken for

public use without just compensation”
JUST COMPENSATION
● The owner of the private property subject of the taking must
be justly compensated; meaning the owner must be paid in a
timely or prompt manner of an adequate value sufficient to
recoup the loss suffered by the property.
● As explained by Yujinco V. Atienza, Just compensation—
means not only the correct determination of the amount to be
paid to the owner but also the payment of the land within a
reasonable time from its taking.

FAIR MARKET VALUE, is the price at which a willing seller

sells a goods/service to a willing buyer.
POLICE POWER

● Is the state right to inherit right regulate

an individuals conduct or property to
protect the health, safety, welfare, and
morals of the community. Some
examples ; it it related in real estate—
zoning, building coding and rent control.
POWER OF TAXATION

● Taxation has been defined as the power

of the sovereign to impose burdens or
charges upon persons, property or
property rights for the use and support of
the government to be able to discharge its
functions.
Thanks you for
listening and
God bless!