THIRD MEETING

*Power of Eminent Domain

 Highest and most exact idea of property remaining in the government

 Eminent of domain is different from expropriation
o Eminent domain is the inherent power
o Expropriation is the exercise of the power of eminent domain
 Eminent domain exercised by the delegate of the general delegation is JUSTICIABLE QUESTION
 Expropriator and the owner of the private property to negotiate the price for just compensation
 Private properties owned by the Republic of the Philippines may NOT be expropriated
o Private interest in a land under the name of the Republic can be expropriated
 City of Manila v. Chinese Community of Manila
o Private properties devoted for public use may be expropriated as long as the necessity is
determined
o Doubt should be strictly construed against the expropriator
o Necessity is also an issue
 ALL private properties may be expropriated
o Except MONEY (money cannot be exchanged with money) and CHOSES IN ACTION
(rights or expectancy) [according to Justice Cruz]
o Money not of legal tender may be expropriated
 Sumulong v. Guererro
o Size doesn’t matter
o Expropriation is not confined to land entities
 Services may be expropriated
o Republic v. PLDT
o Most valuable element of consent: CONSENT VOLUNTARILY GIVEN
o Services are private properties
 Services are limited to PUBLIC UTILITY SERVICES
o Government may compel PLDT to render services
 Taking
o Taking doesn’t require:
 Transfer of ownership
 Transfer of possession
o Requisites: (all must be present)
 Expropriator must ENTER a private property
 Entry must only be MOMENTARY period only
 Entry must be UNDER A WARRANT OR COLOR OF AUTHORITY
 Property must be devoted to PUBLIC USE
 Utilization of the property must be in such a way as to OUST THE OWNER and
DEPRIVE HIM of beneficial enjoyment of the property
o Tele (?) v. COMELEC
 Air waves are owned by the government
 Manosca v. CA
 o Public use
 National Historical Institute – place a marker
 Just compensation (JC)
o A.k.a. fair market value (FMV)
o FMV is just one of the factors in fixing just compensation
o Factors:
 Condition of the property and surrounding properties (improvements)
 Assessed value of the property for tax purposes
 Do not reflect the real value of the property taken
 No estoppel
 Capabilities of the property (present and prospective)
 Fair market value
 Reasonable time for payment
o Consequential benefits and damages
 If consequential damages are greater will it be taken into consideration
o Appointment of commissioners
 Expropriation proceedings

 Approval of just compensation
 Commissioners are the ones who receive the evidence

Next meeting: Case of Lim up to Section 4