Rule 67 - Expropriation

Rule 67 - Expropriation1997 Rules of Court

Presented by:Diego Galn

ExpropriationTo take possession of for public use by the right of eminent domain, thus divesting the title of the private owner.

Right of Eminent DomainTherightof a government to take private property for a public purpose with just compensation of the owner.

The highest and most exact idea of a 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?1. Congress.

2. The President of the Philippines.

3. The various local legislative bodies.

4. Certain Public Corporations such as the Land Authority and the National Housing Authority.

5. Quasi-Public Corporations like the Philippine National Railways, PLDT and Meralco.

What can be expropriated?Anything that can come under the dominion of man is subject to expropriation Isagani Cruz

1. Real and personal, tangible and intangible properties.

2. Businesses and Franchises.

3. Churches and other religious properties.Requisites1. Private Property

2. Genuine Necessity

3. For Public use

4. Payment of just compensation

5. Due Process

TakingPhysical dispossession of the owner, depriving him of all beneficial use and enjoyment of his property.

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.

Examples U.S vs Causby

People vs Fajardo

ExceptionsDanger to the general public

Damnum absque injuria

Exception to the exception

Just CompensationThe court should determine first the actual or basic value of the property.

1. Cost of acquisition

2. the current value of like properties

3. Its actual or potential uses

4. Total size, shape and location of land

5. Tax Declarations