GALEON TRANSCRIPT REVIEWER

By: Jolleanne Claire E. Perino

POLICE POWER
1. Define Police Power.
a. The power of the State to
regulate
liberty
and
property
for
the
promotion
of
public
welfare or public good.
2. What are the characteristics of
police power of the State?
a. Most pervasive almost
all human activity may be
regulated by the State
b. Least limitable
c. Most demanding
d. Cannot be bargained by a
medium of contract or
treaty
e. Dynamic
3. When can police power use the
power of eminent domain and
taxation?
a. When such powers are
used as implement to
attain a legitimate police
objective, it is the only
instance where police
power may take property
which is not noxious and
not destroyed
4. Who can exercise police power?
a. It is primarily lodged in
the Congress
b. But can be delegated to
other government bodies
like the LGUs through
the LGC by enacting
ordinances
5. What are the requisites of a
valid ordinance?
a. Must
not
be
in
contravention with the
Constitution
b. Must
not
be
in
contravention with any
law
c. Must
be
within
the
jurisdiction of the LGU
d. Must not be oppressive
e. Must not be unreasonable
f. Must only regulate and
not prohibit trade
g. Must
be
general
in
application
6. What are the requisites for a
valid exercise of police power?
a. Lawful subject means
the purpose of police
power
is
for
the
promotion
of
public
interest

b. Lawful means that the

means employed must be
reasonably necessary for
the accomplishment of
the purpose and not
unduly oppressive upon
individuals
EMINENT DOMAIN
1. Define Eminent Domain.
A. The coercive power of the
State
to
take
away
property for public use
upon the payment of just
compensation
2. Who can exercise Eminent
Domain?
A. It is primarily lodged in
the Congress
B. But can be delegated to
i. President
ii. LGUs
iii. Public Corporations
(NHA) or QuasiPublic Corporations
(NPC,
MERALCO,
VECO)
Can only be done if there is
valid delegation of such
through a law.
3. What are the requisites of a
valid
exercise
of
eminent
domain?
A. Necessity of taking
and must be in strict
constitutional sense
B. What is taken is a
private property
C. Taking of property is
for public use
D. There must be just
compensation
E. There
must
be
observance
of
due
process meaning prior
hearing and notice
NECESSITY OF TAKING
i. If
exercised
by
Congress issue of
necessity
not
open for judicial
review for it is a
political
question
which
is
not
justiciable
- EXCEPTION,
If there is

GALEON TRANSCRIPT REVIEWER

By: Jolleanne Claire E. Perino
grave
abuse
of
discretion.
ii. If exercised by a
delegate of the
Congress issue of
necessity is open
for
judicial
review
4. What are the requisites for a
valid taking?
A. That
the
expropriator
must enter a private
property
B. That the entry must be
for
more
than
a
momentary period
C. That the entry must be
under a warrant or color
of legal authority
D. That the property must
be devoted to public use
or otherwise informally
appropriated
or
injuriously affected
E. That
the
taking
of
property for public use
must be in such a
manner that it oust the
owner or deprive him of
beneficial enjoyment of
the property
- actual
disposition is
not required
5. When is taking of private
property not compensable?
A. When taking falls under
the principle of Damnum
Absque Injuria
i. Happens when:
- Taking
is
pursuant to
police power
- Taking
is
pursuant to
principle of
destruction
by necessity
PRIVATE PROPERTY
6. Properties
that
can
expropriated:
i. Real
ii. Personal
iii. Tangible
intangible
iv. Services
churches

be

or
and

v. Private
property
used already for
public
use
(if
directly done by
Congress or its
delegate through a
specific grant of
authority)
Properties
that
expropriated:
i.
ii.

cant

be

Money
(due
to
absurdity)
Choice of action

PUBLIC USE
7. Define public use.
a. Means that the converted
property is directly available
to the general public as a
matter of right or redounds
to their indirect advantage of
benefit
b. Synonymous
to
public

welfare, public interest,

public safety and public
health (WISH)
c. Still be considered as public
use even if it is not for free
and even if it cannot be
availed by everyone or can
make use of the property
If public use of eminent domain is for
resettlement or socialized housing:
State must comply with the
provisions of RA7279:
Private property is last in
the order in the priority of
the acquisition of lands
Power of Eminent Domain
must be the last recourse
Rights of small-property
owners
must
be
respected
The abandonment by the State of
public use of property entitles property
owner to:
1. File a case for recovery of
the expropriated property
but
should
return
just
compensation received with
legal
interest
from
his
default.

GALEON TRANSCRIPT REVIEWER

By: Jolleanne Claire E. Perino
If the State use property for another
public purpose:
1. File an injunction against
State and recover such
expropriated property.
JUST COMPENSATION
8. Define Just Compensation.
Equated with fair market value,
which SC defined as a sum of
money which a person desirous
but not compelled to sell and
another person willing but not
compelled to buy a property
would agree on as a price for
that particular property
What
are
the
circumstances
considered in determining the just
compensation (fair market value)?
a. The acquisition cost of the
property
b. The actual value of similar
properties
c. The actual use of the properties
concerned
d. The shape, location and size of
the property
If what is expropriated is only a
portion of a property:
Just compensation
market value

is

the

c. One by the court who will

be the chairman
i. Constitution of the
Board
is
necessary except:
1. There is no
issue in the
valuation of
the property
2. In Agrarian
cases
ii. Board is mandated
to conduct hearing
where:
1. parties are
heard
2. allowed
to
submit their
respective
manifestatio
ns regarding
valuation of
property
iii. Board is not dutybound to accept
the
valuation
recommended by
Board
especially
when
valuation:
(VERI)
1. Very low
2. Grossly

excessive
3. Ridiculous
4. Illegal

fair

Exception: when consequential

loss greater than the benefits

What is the reckoning point in the

computation of just compensation?

Fair
Market
Value
+
(consequential
lossconsequential benefits) = just
compensation

The date of the taking or date of

filing of the expropriation case
whichever comes first

9. Who have the final say in the

determination of the amount of
just compensation
A. COURTS
1. RTC (proper court regardless of
the amount of the expropriated
property)
2. A Board of Commissioners of 3
members will be constituted
determine
the
just
compensation
for
recommendation to the court.
a. One
commissioner
appointed
by
the
expropriator
b. One by property owner

HOWEVER, if taking done

surreptitiously: at the time of
surreptitious entry.
EXCEPTION:
LGU

expropriator

is

Always
the
date
of
taking/actual
possession
even if date of filing of
expropriation case is earlier
(Sec 19, RA7120)
Legal interest is imposed at 6% per
annum
Paid in the form of money
(cash or check)

GALEON TRANSCRIPT REVIEWER

By: Jolleanne Claire E. Perino
But if taking due to CARP,
payment may be through cash
bonds
Actual damages and attorneys
fees can also be awarded
Owner and other persons who have
interest on the expropriated property
(lessee or vendee of an executory
contract of sale) are entitled to just
compensation
Payment to a lessee for
improvement of expropriated
land is valid but lessee can
only go after the owner of
the
land
in
which
just
compensation
(land
+
improvement) was given.
The State can be sued without its
consent when it takes land without 1)
an expropriation proceeding and 2)
payment of just compensation
Can be filed directly to the
Court (not to COA)
Remedy of owner: file for
collection
of
just
compensation (not recovery of
property)
If there is an expropriation case
but State fails to pay just
compensation:
1. After 5 years from time of
finality of expropriation
case: File a case for
recovery of the expropriated
property but should return
just compensation received
with legal interest from his
default
2. Within
such
5
year
period, file for writ of
execution of judgment to ask
for
payment
of
just
compensation
Computation of 5 year
prescription is reckoned
from the date the
decision
attained
finality (finality is after
lapse of 15 days if no
appeals filed)

Transfer of title of land is only upon

full payment (Salem v Rep)
EXCEPTION: Agrarian reform
cases, title of property is
already transferred to the
farmers even if there is as yet
no
full
payment
of
just
compensation
NON-UTILIZATION OF PUBLIC PURPOSE
If acquisition is done in fee
simple
(without
conditions)
recovery unattainable
EXCEPTION: if acquisition with
conditions, recovery is allowed
if expropriation is not aligned
with the purpose of its taking.
Enough that there is
grounds that there is nonutilization
of
public
purpose
NO
PRESCRIPTION