the government has complied with the requisites of taking

of private property.
WHAT?  The court determines the authority of the government
 It is the right of the State to acquire private property for
entity, necessity of the expropriation, and observance of
public use upon the payment of just compensation.
due process
 It is the procedure for enforcing the right of eminent
 Although the value of the property to be expropriated is
domain.
estimated in monetary terms, this is merely incidental to the
LIMITATIONS FOR THE POWER: expropriation suit because the amount of just compensation
is only determined after the court is satisfied with the
 Public use propriety of the expropriation. (Barangay San Roque v. Heirs
 Just compensation of Pastor)
 Due Process
 Equal Protection WHY?

WHO?  Purpose of expropriation:

For Public use or to meet public exigency
 Entities involved:
Government as plaintif HOW EXERCISED?
Private individuals
Court as the impartial adjudicating authority
 Exercised by: I. FILING OF COMPLAINT WITH DEPOSIT
The Congress thru Solicitor General (A) Section 1 Rule 67 RC
 The right of eminent domain shall be exercised by the filing of
The Delegating bodies thru LGU
a verified complaint.
 PARTIES:
 Government as plaintif CONTENT OF COMPLAINT

Private individuals all persons owning or claiming to own, or
occupying, any part thereof or interest therein, showing, so far as
practicable, the separate interest of each defendant.
WHEN?
 The owner refuses to sell
 If the owner agreed to sell but agreement as to the price cannot
be ascertained
WHERE?
 Before the RTC, because it is incapable of pecuniary
estimation. Regardless of the value of the property. The
primary consideration of an expropriation suit is whether
Purposes of preliminary deposit
o shall state with certainty the right and purpose of
expropriation
o describe the real or personal property sought to be
expropriated
o join as defendants all persons owning or claiming to own,
or occupying, any part thereof or interest therein,
showing, so far as practicable, the separate interest of
each defendant.
(B) Section 2 Rule 67 RC
 Deposits with the authorized government depositary an
amount equivalent to the assessed value of the property for
purposes of taxation to be held by such bank subject to the
orders of the court.
1. It serves as an advanced payment to the owner of the property should the
court decide in favor of the plaintif;
2. It shall serve as indemnity against any damage which the owner may have
sustained (Visayan Refining Company v. Camus, 40 Phil. 550).
NOTE: The preliminary deposit is only necessary if the plaintif desires entry
 After such deposit is made the court shall order the sherif or other proper
on the land upon its institution of the action (Regalado, 2010).
(C) Determine Whether or not under Section 2 R67 or RA NO. 8974
 Upon the filing of the complaint or at any time thereafter and after due
notice to the defendant, the plaintif shall have the right to take or enter
upon the possession of the real property involved if he deposits with the
authorized government depositary an amount equivalent to the assessed
value of the property for purposes of taxation to be held by such bank
subject to the orders of the court. RULE 67 SECTION 2
officer to forthwith place the plaintif in possession of the property
involved and promptly submit a report thereof to the court with service of
copies to the parties. RULE 67 SEC 2

Requisites in order that plaintif may be authorized to immediately enter

SECTION 2 RULE 67 R.A. NO. 8974
into property under rule 67

Upon the:

The government is required only to The government is required to 1. Filing of complaint, serving notice to defendant and after depositing
make initial deposit with an make immediate payment to the the assessed value of property for taxation purposes with the
authorized government depositary property owner upon filing of the authorized government depositary (Sec. 2, Rule 67); and
to be entitled to a writ of complaint to be entitled to a writ of 2. Tender, or payment with legal interest from the taking of possession
possession possession of the property, of compensation fixed by the judgment and
The initial deposit is equivalent to The initial compensation is based payment of costs by plaintif (Sec. 10, Rule 67).
the assessed value of the property on fair market value of the property
for the purpose of taxation as stated in the tax declaration or NOTE: Once the preliminary deposit has been made, the expropriator is
current relevant zonal valuation of entitled to a writ of possession as a matter of right, and the issuance of said
the BIR whichever is higher and the writ becomes ministerial on the part of the trial court (Biglang-Awa v.
value of the improvements using Bacalla, G.R. Nos. 139927-36, November 22, 2000). The defenses by the
cost method owner against immediate possession can be considered during trial on the
Applies to expropriation by the Applies to expropriation by merits (NAPOCOR v. Jocson, 206 SCRA 520).
government for purposes other Government for purposes of
than national infrastructure national infrastructure projects
IV. OPTIONS OF THE DEFENDANT
Declaration of Default
The defendant cannot be declared in default. However, failure to file
II. NOTICE AND SERVICE OF SUMMMONS an answer would not bar the court from rendering judgment on the
 Due notice to the defendant right to expropriate, without prejudice to the defendant’s right to
 Service of summons to both parties specifically on the
present evidence on just compensation and to share in the
part of Defendant to abide with the Order of writ of
distribution of the award (Sec. 3, Rule 67).
possession.
III. ORDER TO THE SHERIFF TO PLACE THE PROPERTY TO THE V. DEFENDANT CAN MANIFEST HIS OBJECTIONS
POSSESSION OF THE PLAINTIFF
  Section 3 Rule 67, If a defendant has any objection to the filing
of or the allegations in the complaint, or any objection or defense
to the taking of his property, he shall serve his answer within the
time stated in the summons. The answer shall specifically
designate or identify the property in which he claims to have an
interest, state the nature and extent of the interest claimed, and
adduce all his objections and defenses to the taking of his
property.
 No counterclaim, cross-claim or third-party complaint shall be
alleged or allowed in the answer or any subsequent pleading.
Duty of the Court if the defendant waives his defenses or objections
If a defendant waives all defenses and objections not so alleged, the court,
in the interest of justice, may permit amendments to the answer to be made
not later than 10 days from the filing thereof. However, at the trial of the
issue of just compensation, whether or not a defendant has previously
appeared or answered, he may present evidence as to the amount of the
compensation to be paid for his property, and he may share in the
distribution of the award (Sec. 3, Rule 67).
Remedy of defendant if answer omits some defenses
If the answer omits some defenses, the remedy, in order to prevent a waiver
of those defenses not alleged, is to seek leave to amend the answer within
10 days from the filing thereof (Sec. 3, Rule 67).
VI. IF NO OBJECTION
 If a defendant has no objection or defense to the action or the
taking of his property, he may file and serve a notice of
appearance and a manifestation to that efect, specifically
designating or identifying the property in which he claims to be
interested, within the time stated in the summons. Thereafter, he
shall be entitled to notice of all proceedings afecting the same.
VII. HEARING
STAGES OF EXPROPRIATION
VIII. PROPRIETY OF EXPROPRIATION
Determination whether or not for Public Purpose
- Usefulness, utility or advantage or what is productive of the
general benefit (of the public)
- The determination of the authority of the plaintif to
expropriate. The determination includes inquiry into the
propriety of the expropriation, it’s necessity and the public
purpose
(A) FOR PUBLIC PURPOSE
(A.1) PROCEED TO SECOND STAGE
(B) NOT FOR PUBLIC PURPOSE
(B.1) DISMISSAL BY TRIAL COURT
(B.2) REMEDY: APPEAL
GRANTED: PROCEED TO 2ND STAGE
DENIED: DISMISSAL OF EXPROPRIATION CASE
IX. PAYMENT OF JUST COMPENSTAION
Just compensation is defined as the full and fair equivalent of the
property sought to be expropriated. The measure is not the taker’s
gain but the owner’s loss. The compensation, to be just, must be fair
not only to the owner but also to the taker. Even as undervaluation
would deprive the owner of his property without due process, so
too would its overvaluation unduly favor him to the prejudice of the
public (National Power Corporation v. De la Cruz, G.R. No. 156093,
February 2, 2007).
How court determine just compensation
The trial court should first ascertain the market value of the
property, to which should be added the consequential damages
after deducting therefrom the consequential benefits which may
arise from the expropriation. If the consequential benefits exceed
the consequential damages, these items should be disregarded
altogether as the basic value of the property should be paid in every
case.
The market value of the property is the price that may be agreed upon by
parties willing but not compelled to enter into the contract of sale. Not
unlikely, a buyer desperate to acquire a piece of property would agree to pay
more, and a seller in urgent need of funds would agree to accept less, than
what it is actually worth.
Among the factors to be considered in arriving at the fair market value of the
property are the cost of acquisition, the current value of like properties, its
actual or potential uses, and in the particular case of lands, their size, shape,
location, and the tax declarations thereon (National Power Corporation v. De
la Cruz, G.R. No. 156093, February 2, 2007).
Formula for the determination of just compensation
JC = FMV + CD – CB
If CD is more than CB then:
JC = FMV
- The commissioners shall take and subscribe an oath that they will
faithfully perform their duties as commissioners, which oath shall be filed
in court with the other proceedings in the case.
- The commissioners shall make a full and accurate report to the court of all
their proceedings, and such proceedings shall not be efectual until the
court shall have accepted their report and rendered judgment in
accordance with their recommendations. Except as otherwise expressly
ordered by the court, such report shall be filed within sixty (60) days from
the date the commissioners were notified of their appointment, which time
may be extended in the discretion of the court. Upon the filing of such
report, the clerk of the court shall serve copies thereof on all interested
parties, with notice that they are allowed ten (10) days within which to file
objections to the findings of the report, if they so desire.(RULE 67 SECTION
6)
(A) PROCEEDINGS BY COMMISSIONER

(A.1) Evidence may be introduced by either party before the

LEGEND:
commissioners who are authorized to administer oaths on hearings before
JC – Just compensation
them, and the commissioners shall, unless the parties consent to the
FMV – Fair market value
contrary, after due notice to the parties, to attend, view and examine the
CD – Consequential damages
property sought to be expropriated and its surroundings, and may measure
CB – Consequential benefits
the same, after which either party may, by himself or counsel, argue the
NOTE: Sentimental value is not included
case. The commissioners shall assess the consequential damages to the
property not taken and deduct from such consequential damages the
Consequential Benefit consequential benefits to be derived by the owner from the public use or
It refers to actual benefits derived by the owner on the remaining purpose of the property taken, the operation of its franchise by the
portion of his land which are the direct and proximate results of the corporation or the carrying on of the business of the corporation or person
improvements consequent to the expropriation, and not the general taking the property. But in no case shall the consequential benefits
benefits which he receives in common with community (Regalado, assessed exceed the consequential damages assessed, or the owner be
2010). deprived of the actual value of his property so taken. (RULE 67 SECTION 6)

(A.2) The court may order the commissioners to report when any
Reckoning point for determining just compensation
particular portion of the real estate shall have been passed upon by them
The value of just compensation shall be determined as of the date of
the taking of the property or the filing of the complaint, whichever (B) THE COURT MAY GRANT
came first (Sec. 4, Rule 67).
render judgment upon such partial report, and direct the commissioners to
(A) HEARING ON JUST COMPENSATION
proceed with their work as to subsequent portions of the property sought
to be expropriated, and may from time to time so deal with such property.
X. COURT WILL APPOINT COMMISSIONER
(RULE 67 SECTION 7)
(D). THE COURT MAY DENY
It may set aside the report and appoint new commissioners; or it may
accept the report in part and reject it in part and it may make such order or
render such judgment as shall secure to the plaintif the property essential
to the exercise of his right of expropriation, and to the defendant just
compensation for the property so taken. (RULE 67 SECTION 8)
XI. THE COURT MAY GRANT THE EXPROPRIATION CASE
XII. FINAL ORDER OF EXPROPRIATION
- An order of expropriation (or order of condemnation) will be issued
declaring that the plaintif has a lawful right to take the property.
It is issued when: 1. The objections to and the defenses against the right of
the plaintif to expropriate the property are overruled, or 2. No party
appears to defend as required by this Rule (Sec. 4, Rule 67).
NOTE: After the rendition of the order of expropriation, the plaintif shall not
be permitted to dismiss or discontinue the proceeding except upon such
terms as the court deems just and equitable (Sec. 4, Rule 67).
Uncertain ownership
The trial court may decide conflicting claims of ownership in the same case.
There is no need for an independent action since the person entitled thereto
will be adjudged in the same proceeding. However, the court may order any
sum(s) awarded as compensation for the property to be paid to the court for
the benefit of the person that will be adjudged as entitled thereto (Sec. 9,
Rule 67).
NOTE: No dismissal by plaintif upon rendition of the order of expropriation
EXCEPT upon such terms as the court deems just and equitable.
(XI.1) REMEDY OF DEFENDANT: APPEAL)
Appeal
The Final order sustaining the right to expropriate the property may be
appealed by any of the aggrieved party (SECTION 4 RUL3 67)
MANNERS NOT AFFECTED BY APPEAL:
1. Recall that the second stage in the expropriation process is the
determination of just compensation (SECTION 4 RULE 67)
2. The right of the plaintif to enter upon the property of the
defendant and appropriate the same for public use or purpose
shall not be delayed by an appeal from the judgment (RULE 67
SECTION 11)
The order of expropriation may be appealed by the defendant by record on
appeal. This is an instance when multiple appeals are allowed because they
have separate and/or several judgments on diferent issues, e.g. issue on the
right to expropriate or issue of just compensation.
NOTE: An appeal does not delay the right of the plaintif to enter upon the
property of the defendant and appropriate the same for public use (Sec. 11,
Rule 67). An appeal from judgment shall not prevent the court from
determining the just compensation to be paid (Sec. 4, Rule 67).
All costs, except those of rival claimants litigating their claims, shall be paid by the
plaintif, unless an appeal is taken by the owner of the property and the judgment is
affirmed, in which event the costs of the appeal shall be paid by the owner. (12a)
XIII. PAYMENT OF JUST COMPENSATION (IF GRANTED)
XIV. DEFENDANT ACCEPTED THE JUST COMPENSATION
(XIV. 1) IF PAID BY PLAINTIFF
If not paid immediately, no automatic reversion.
The plaintiff is given until 5 years from finality of judgment
(XIV.2) JUST COMPENSATION NOT PAID
REMEDY OF DEFENDANT: RIGHT TO RECOVER POSSESSION
XV. DEFENDANT DID NOT ACCEPT PAYMENT OF JUST COMPENSATION
- If the defendant and his counsel absent themselves from the court, or
decline to receive the amount tendered, the same shall be ordered to be
deposited in court and such deposit shall have the same efect as actual
payment thereof to the defendant or the person ultimately adjudged
entitled thereto. (SECTION 10 RULE 67)
XVI. IF THE EXPROPRIATION PROCEEDINGS HAS BEEN DENIED
(XVI. A) ORDER THE PLAINTIFF TO RESTORE
But if the appellate court determines that plaintif has no right of
expropriation, judgment shall be rendered ordering the Regional Trial Court
to forthwith enforce the restoration to the defendant of the possession of
the property, and to determine the damages which the defendant
sustained and may recover by reason of the possession taken by the
plaintif. (11a)