Ecodal Batch 1 (ABCs)

Question 1

What is a constitution, and how is it described in terms of its authority and alterability?

A C i a s o f l f g a n, d a s, i, a a u e b t a f w i e.

Answer 1

A constitution is a system of fundamental laws for governing a nation, described as supreme, imperious, absolute, and unalterable except by the authority from which it emanates.

Question 2

What are the three main functions of a constitution?

a) P t p f o a g s, b) A p a d t d d, c) E c f p

Answer 2

a) Prescribing the permanent framework of a government system, b) Assigning powers and duties to different departments, and c) Establishing certain fixed principles.

Question 3

How is the Constitution of the Philippines characterized in terms of its form?

W- p e i o o a s o d; C- e c a d b a c b o r; R - a o t a f a u d p

Answer 3

a) Written — precepts embodied in one or a set of documents;
b) Conventional — enacted consciously and deliberately by a constituent body or ruler; and
c) Rigid — amended only through a formal and usually difficult process.

Question 4

According to the Doctrine of Constitutional Supremacy, what happens if a law or contract violates the constitution?

I a l o c v a c n, i i n a v, w a f a e, r o w p b t l, e b, o e i b p p

Answer 4

If a law or contract violates any constitutional norm, it is null and void, without any force and effect, regardless of whether promulgated by the legislative, executive branch, or entered into by private persons for private purposes

Question 5

How is the Constitution viewed under the Doctrine of Constitutional Supremacy in the case of Manila Prince Hotel v.GSIS?

U t D o C S, i a l o c v a n o t c t l o c w p b t l o b t e b o e i b p

Answer 5

Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes is null and void and without any force and effect. Thus, since the Constitution is considered the fundamental, paramount, and supreme law of the nation, deemed written into every statute and contract.

Question 6

What are the two methods by which amendments or revisions to the Constitution can be proposed?

A. T u a v o 3t-f o a i M. B. A C C

Answer 6

a. The Congress, upon a vote of three-fourths of all its Members.
b. A constitutional convention.

Question 7

How can amendments to the Constitution be directly proposed by the people through initiative, and what are the petition requirements?

A c b p b t p t i u p of a) a l t p c o t t n o r v; b? E l d m b r b a

Answer 7

Amendments can be proposed by the people through initiative upon a petition of:

a. At least twelve per centum of the total number of registered voters.
b. Every legislative district must be represented by at least three per centum of the registered voters therein.

Question 8

What limitations exist regarding the authorization of amendments after the ratification of the Constitution?

Answer 8

No amendment shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.

Question 9

How can Congress call a constitutional convention, and what are the two methods specified?

Answer 9

Congress can call a constitutional convention by:

a. A vote of two-thirds of all its Members.
b. A majority vote of all its Members, submitting the question of calling such a convention to the electorate.

Question 10

What is the validity requirement for the ratification of any amendment or revision to the Constitution?

Answer 10

The amendment or revision shall be valid when ratified by a majority of the votes cast in a plebiscite, held not earlier than sixty days nor later than ninety days after the approval or certification.

Question 11

According to Lambino v. Comelec, what did the framers intend regarding initiative petitions for constitutional amendments?

Answer 11

The framers intended that the “draft of the proposed constitutional amendment” should be “ready and shown” to the people “before” they sign such a proposal.

Question 12

What distinction does Lambino v. Comelec make between constitutional amendment and revision through initiatives?

Answer 12

A people’s initiative applies ONLY to an amendment and NOT to a revision. Revision broadly implies a change that alters a basic principle or affects substantial provisions of the constitution.

Question 13

What does the national territory of the Philippines comprise?

Answer 13

The national territory of the Philippines comprises the Philippine archipelago, with all the islands and waters, and all other territories over which the Philippines has sovereignty or jurisdiction.

Question 14

What are the domains of the Philippine national territory?

Answer 14

The Philippine national territory consists of terrestrial, fluvial, and aerial domains.

Question 15

What specific areas are included in the Philippine national territory?

T n t i i t s, t s, t s, t i s, a o s a

Answer 15

The Philippine national territory includes its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.

Question 16

According to the Archipelagic doctrine of territoriality, what forms part of the internal waters of the Philippines?

T w
A B a C t i o t a,
r o t B a D,
F p o t i w o t P.

Answer 16

The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

Question 17

In the case of Magallona v. Ermita 2011 En Banc, what is R.A. No. 9522 used for?

Answer 17

R.A. No. 9522 is a statutory tool used to demarcate the country’s maritime zones and continental shelf under UNCLOS III, not to delineate Philippine territory.

Question 18

What is the purpose of UNCLOS III?

U III i a m t r s-u r o m z, i t w, c z, e e z a c s

Answer 18

UNCLOS III is a multilateral treaty regulating sea-use rights over maritime zones, including territorial waters, contiguous zone, exclusive economic zone, and continental shelves.

Question 19

According to UNCLOS III, what is the territorial waters’ distance from the baselines?

Answer 19

Territorial waters are 12 nautical miles from the baselines according to UNCLOS III.

Question 20

What are the methods, according to traditional international law, through which States acquire or lose territory?

O
A
C
P

u t i l

Answer 20

States acquire or lose territory through occupation, accretion, cession, and prescription under traditional international law.

Question 21

What is the fundamental principle in our system of government that prevents the concentration of legislative, executive, and judicial powers in a single branch?

Answer 21

The separation of powers.

Question 22

How does the separation of powers operate in our Constitution, according to Macalintal v. Comelec, et al.?

Answer 22

It operates not through express provision but by the actual division of powers among the three branches of government.

Question 23

What does the principle of separation of powers allow, as stated in Macalintal v. Comelec,et al.?

Answer 23

Answer:

It allows the “blending” of some executive, legislative, or judicial powers in one body.
It does not prevent one branch from inquiring into the affairs of other branches to maintain the balance of power.
It ensures that there is no encroachment on matters within the exclusive jurisdiction of other branches.

Question 24

In Re Production of Court Records 2012 En Banc, what is the underlying principle that constitutes the bedrock of our system of checks and balances?

Answer 24

The doctrine of separation of powers.

Question 25

How does the doctrine of separation of powers divide the government, according to Re Production of Court Records 2012 En Banc?

Answer 25

It divides the government into three branches—legislature, executive, and judiciary—each with well-defined powers.

Question 26

What is the principle of comity in relation to the separation of powers?

Answer 26

It is the practice of voluntarily observing inter-departmental courtesy in undertaking assigned constitutional duties for the harmonious working of government.

Question 27

How does the Court check the exercise of power of other branches of government?

Answer 27

Through judicial review.

Question 28

How does Congress check other branches of government primarily? T i l m p, i t C o A a D t p a d F o t a c C c D J a R t j

Answer 28

Through its law-making powers, including the creation of administrative agencies, defining their powers and duties, fixing officer terms and compensation, creating courts, defining jurisdiction, and reorganizing the judiciary.

Question 29

What is the auxiliary power of Congress in relation to its principal power to legislate?

Answer 29

It ensures that the laws it enacts are faithfully executed.

Question 30

What is the general principle regarding the State's immunity from suit?

Answer 30

The State may not be sued without its consent, according to Art XVI.

Question 31

In Arigo v. Swift 2014 En Banc, how does the restrictive rule of state immunity distinguish between government acts (jure imperii) and private acts (jure gestionis)?

Answer 31

State immunity applies only to sovereign and governmental acts (jure imperii), not to private, commercial, and proprietary acts (jure gestionis).

Question 32

Under what circumstances does the doctrine of state immunity will not apply according to Arigo v. Swift 2014 En Banc? T D o S I d n a w p o a s i t p a p c, a o c

Answer 32

The doctrine does not apply when public officials are sued in their private and personal capacity, as ordinary citizens.

Question 33

What are the exceptions to the general rule of state immunity?

Answer 33

Exceptions include suits against government entities with the State's consent, depending on their incorporation status and the nature of their functions.

Question 34

According to the Philippine Textile Research Institute v. CA 2019 case, when can the State be sued even without express consent?

Answer 34

The State can be sued when entering into a contract, implying consent, especially if the contract involves proprietary rather than sovereign functions.

Question 35

In BPI v. Central Bank of the Philippines 2020, why is the CBP not immune from suit despite performing governmental functions?

Answer 35

The CBP, being an incorporated government corporation, waived its immunity from suit through its charter, even though it performs governmental functions.

Question 36

According to BPI v. Central Bank of the Philippines 2020, under what circumstances is the State or CBP liable for the acts of its employees?

Answer 36

The State or CBP is liable only for tortious acts of its employees when they act as special agents within the scope of their assigned tasks.

Question 37

What defines a "special agent" according to BPI v. Central Bank of the Philippines 2020?

Answer 37

A special agent is one who receives a definite and fixed order or commission foreign to the duties of their office.

Question 38

According to BPI v. Central Bank of the Philippines 2020, can CBP be held liable for actions beyond the scope of its employees' duties?

Answer 38

No, CBP cannot be held liable if employees act beyond the scope of their duties, as per Article 2180 of the Civil Code.

Question 39

What is the distinction between suability and liability according to the notes?

Answer 39

Suability is the result of the State's consent to be sued, while liability is determined after a hearing based on relevant laws and established facts.

Question 40

What is the Latin maxim that expresses the principle that delegated powers cannot be further delegated?

Answer 40

Potestas delegata non delegari potest.

Question 41

What are the recognized exceptions to the general rule of non-delegation?

Answer 41

Delegation of tariff powers to the President under Sec 28(2) Art VI; Delegation of emergency powers to the President under Sec 23(2) Art VI; Delegation to the people at large; Delegation to local governments; and Delegation to administrative bodies.

Question 42

What are the two requirements for a valid delegation of legislative powers?

Answer 42

a. The law must be complete in itself, setting forth the policy to be executed. b. The law must fix a standard with sufficiently determinate limits for the delegate to conform to.

Question 43

In the case of permissible delegation, what must a sufficient standard do?

Answer 43

A sufficient standard defines legislative policy, marks its limits, maps out its boundaries, and specifies the public agency to apply it.

Question 44

In the Provincial Bus Operators Association case, what principle does the Court acknowledge in the context of delegation?

Answer 44

The Court acknowledges the principle of separation of powers but recognizes the need for delegation due to the complexity of modern life and the multiplication of subjects of governmental regulation.

Question 45

What are the two requirements for the valid exercise of subordinate legislation, as mentioned in the Kilusang MayoUno case?

Answer 45

The regulation must be germane to the objects and purposes of the law. The regulation must be in conformity with the standards prescribed by the law.

Question 46

According to the Kilusang MayoUno case, what power has been validly delegated under the Social Security Act?

Answer 46

The power to fix the contribution rate and the minimum and maximum amounts for monthly salary credits.

Question 47

How does the Sobrejuanite-Flores case assess the delegation of legislative powers in RA No. 10029?

Answer 47

RA No. 10029 satisfied the completeness and standard tests, rendering the delegation valid. The regulation imposed by the law, requiring at least 100 hours of updating workshops, is not considered oppressive

Question 48

In the SEC v. 1Accountants Party-List case, what principle is invoked regarding delegated powers?

Answer 48

Delegata potestas non potest delegari—what has been delegated by Congress cannot be further delegated or redelegated by the original delegate.

Question 49

According to the SEC v. 1Accountants Party-List case, why is the MOA between SEC and the Board considered void?

Answer 49

A private agreement, such as the MOA, cannot operate to validate a transgression of a provision of law. The exclusive power to regulate accountancy is reposed by law exclusively with the Board and cannot be delegated or transferred elsewhere.

Question 50

What are the three fundamental powers of the State?

Answer 50

Police Power, Eminent Domain, Taxation.

Question 51

Explain Police Power.

Answer 51

It regulates liberty and property for the promotion of the general welfare. It can be positive, promoting health, morals, peace, education, etc., or negative, prohibiting things harmful to society.

Question 52

What is the nature of Police Power?

Answer 52

It is the most essential, insistent, and least limitable power, extending to all great public needs. It cannot be bargained away through contracts or treaties.

Question 53

Give an example of using Taxation as an implement of Police Power.

Answer 53

In Lutz v. Araneta, a special tax on sugar producers was imposed to create a fund for the rehabilitation of the sugar industry.

Question 54

In what situations can Police Power override property rights?

Answer 54

In what situations can Police Power override property rights?

Question 55

Who primarily exercises Police Power?

Answer 55

The legislature.

Question 56

Where is Police Power primarily lodged?

Answer 56

In the national legislature.

Question 57

Who can exercise Police Power by virtue of valid delegation?

Answer 57

The President, administrative boards, lawmaking bodies on all municipal levels, including the barangay.

Question 58

What is quasi-legislative power in the context of Police Power?

Answer 58

Authority delegated to administrative bodies to adopt rules and regulations to implement legislative policy.

Question 59

Under what clause do municipal governments exercise quasi-legislative powers?

Answer 59

General welfare clause, Section 16, Local Government Code.

Question 60

Is mandamus available to coerce the exercise of Police Power?

Answer 60

No

Question 61

Is the validity of legislation justiciable regarding Police Power?

Answer 61

Yes, it is determined by its conformity to the Constitution.

Question 62

What is the Rational Basis Test?

Answer 62

It is applied in analyzing equal protection challenges, where laws are upheld if they rationally further a legitimate governmental interest.

Question 63

What is the Strict Scrutiny Test?

Answer 63

It focuses on compelling government interest and the absence of less restrictive means to achieve that interest.

Question 64

What are the requisites for a lawful subject of Police Power?

Answer 64

The subject must be within the scope of police power, affecting public welfare.

Question 65

Provide an example of a lawful means in exercising Police Power.

Answer 65

In Ynot v. IAC, an EO prohibiting the transport of carabaos across provincial boundaries without clearance was invalidated as it did not meet the purpose of preventing indiscriminate slaughter.

Question 66

What is the necessity of exercising Eminent Domain?

Answer 66

It is essentially political when exercised by the legislature, but the judiciary can inquire into the necessity of expropriation in delegated authority cases

Question 67

What are the stages in Eminent Domain?

Answer 67

Determination of the validity of expropriation and determination of just compensation.

Question 68

What constitutes private property in Eminent Domain?

Answer 68

Anything under the dominion of man, except money and choses in action.

Question 69

Is property already devoted to public use subject to Eminent Domain?

Answer 69

Yes, if done directly by the legislature or under a specific grant of authority to the delegate.

Question 70

Give an example of a service considered as property in Eminent Domain.

Answer 70

In Republic v. PLDT, the right of the Bureau of Telecommunications to demand interconnection between the Government Telephone System and PLDT was upheld.

Question 71

What may constitute a taking in Eminent Domain?

Answer 71

It may include trespass, material impairment of property value, or prevention of ordinary uses intended for the property.

Question 72

Is every taking compensable in Eminent Domain?

Answer 72

No, if justified under the police power, it may not be compensable.

Question 73

What are the requisites of taking in Eminent Domain?

Answer 73

Entry into private property, for more than a momentary period, under warrant or legal authority, property devoted to public use, and utilization of the property for public use ousting the owner.

Question 74

What is the remedy for a dispossessed owner in Eminent Domain?

Answer 74

The owner can sue for just compensation but may not sue for ejectment.

Question 75

How is public use defined in Eminent Domain?

Answer 75

Any use directly available to the general public as a matter of right.

Question 76

Can public use involve properties not actually acquired by the government?

Answer 76

Yes, as long as it is devoted to public services administered by privately-owned public utilities.

Question 77

What is crucial for public use in Eminent Domain?

Answer 77

Any member of the general public can demand the right to use the converted property for direct and personal convenience.

Question 78

What is the key distinction between Eminent Domain and Police Power?

Answer 78

Eminent Domain involves the acquisition of title or total destruction of property, while Police Power does not.

Question 79

In what context can the government temporarily take over a business under Police Power?

Answer 79

In times of national emergency, exercising its right to operate a business affected with public interest.

Question 80

Is compensation required in the temporary takeover of a business under Police Power?

Answer 80

No, compensation is not required as it is not a transfer of ownership but a temporary takeover for a specific public purpose.

Question 81

Provide an example of a regulation under Police Power.

Answer 81

Zoning ordinances prohibiting the use of property for purposes injurious to health, morals, or safety of the community.

Question 82

Give an example of a regulation that may substantially deprive an owner of all beneficial use under Police Power.

Answer 82

A regulation that restricts all beneficial use of the property is considered confiscation and is a deprivation.

Question 83

How is the PWD mandatory discount on medicine justified under Police Power?

Answer 83

It is justified by promoting public use synonymous with public interest, welfare, and convenience, providing fair and quality healthcare to PWDs.

Question 84

What are taxes, and why are they levied by the State?

Answer 84

Taxes are enforced proportional contributions from persons and property, levied by the State for the support of government and public needs.

Question 85

Is the obligation to pay taxes based on a contract?

Answer 85

No, the obligation to pay taxes is not based on a contract.

Question 86

In what cases can nonpayment of a tax be the subject of criminal prosecution and punishment?

Answer 86

Nonpayment of a tax may be subject to criminal prosecution and punishment, except in the case of poll taxes.

Question 87

How are taxes described in relation to the nation's functioning and government operations?

Answer 87

Taxes are described as the nation's lifeblood, necessary for government agencies to operate and discharge their functions for the welfare of constituents.

Question 88

Differentiate between taxes and licenses.

Answer 88

Taxes are levied to raise revenues, while licenses are imposed for regulatory purposes.

Question 89

Is a vehicle registration fee an exercise of police power or taxation?

Answer 89

Imposition of a vehicle registration fee is an exercise of taxation, as its main purpose is to raise funds for the construction and maintenance of highways.

Question 90

Why is the Universal Charge not considered a tax?

Answer 90

The Universal Charge is not a tax; its primary purpose is to ensure the viability of the country’s electric power industry.

Question 91

What is the primary purpose of taxation?

Answer 91

The primary purpose of taxation is to provide funds for the promotion of the general welfare and protection of citizens.

Question 92

Name some non-revenue purposes of taxation.

Answer 92

Non-revenue purposes include regulation, promotion of general welfare, reduction of social inequality, promotion of economic growth, and protectionism.

Question 93

How is the reduction of social inequality achieved through taxation?

Answer 93

Reduction of social inequality is possible through a progressive system of taxation, where higher income individuals pay a larger income tax.

Question 94

What is the purpose of tax exemptions and reliefs in promoting economic growth?

Answer 94

Tax exemptions and reliefs aim to encourage investments and promote the country’s economic growth.

Question 95

How do taxes sometimes provide protection to local industries?

Answer 95

Taxes, like protective tariffs and customs duties, can provide protection to local industries in some important sectors of the economy.

Question 96

Describe the inherent nature of the power to tax.

Answer 96

The power to tax is inherent and must be availed of to assure the performance of vital state functions.

Question 97

What is the legislative character of the power to tax?

Answer 97

The power to tax is exclusively legislative and remains undiminished in its legislative character.

Question 98

How is the power to tax constitutionally limited?

Answer 98

The power to tax is constitutionally limited, with the Constitution setting forth such limits.

Question 99

Explain the two opposing views on taxation and the power to destroy.

Answer 99

Chief Justice John Marshall proposed that taxation includes the power to destroy, refuted later by Justice Holmes, who argued that taxation is not meant to destroy when used solely for raising revenues.

Question 100

In which branch of government is the power to tax inherent?

Answer 100

The power to tax is inherent in the State, primarily vested in the Legislature.

Question 101

Can the power to tax be delegated to the President?

Answer 101

Yes, the Congress may, by law, authorize the President to fix tariff rates, quotas, and other duties within specified limits.

Question 102

Besides the Legislature and the President, who else can exercise the power of taxation?

Answer 102

Pursuant to the Constitution, local legislative bodies can also exercise the power of taxation.

Question 103

Is a law granting an LGU the power to impose a tax always necessary?

Answer 103

Generally, there must be a law granting an LGU the power to lawfully impose a tax, except when the regulatory power of the LGU is expressly accompanied by the taxing power.

Question 104

Should taxes be confiscatory?

Answer 104

Taxes should not be confiscatory, except when intended as an implement of police power.

Question 105

Is previous notice and hearing required for laws prescribing fixed taxes on certain articles?

Answer 105

No, due process does not require previous notice and hearing before enacting laws prescribing fixed or specific taxes on certain articles.

Question 106

What entitlement does a taxpayer have when the tax is based on the value of taxable property?

Answer 106

When the tax is based on the value of taxable property, the taxpayer is entitled to be notified of the assessment proceedings and to be heard on the correct valuation.

Question 107

What rule does Section 28(1) Art VI establish regarding the taxation rule?

Answer 107

Section 28(1) Art VI establishes the rule of uniform and equitable taxation, with Congress evolving a progressive system of taxation.

Question 108

Can taxation involve classification, and what are the criteria for valid classification?

Answer 108

Yes, taxation can involve classification, and for it to be valid, the standards must be substantial, the categorization germane to legislative purpose, applicable to both present and future conditions, and equally applied to all in the same class.

Question 109

What does equitable taxation imply?

Answer 109

Equitable taxation implies that taxes should be apportioned among the people according to their capacity to pay.

Question 110

Is double taxation constitutionally prohibited?

Answer 110

No, double taxation is not constitutionally prohibited.

Question 111

When does double taxation occur, and under what condition is it not allowed?

Answer 111

Double taxation occurs when additional taxes are laid on the same subject by the same taxing jurisdiction during the same period and for the same purpose. It is not allowed if it violates the equal protection clause.

Question 112

What restriction is placed on the use of revenues received from taxes?

Answer 112

Revenues from taxes cannot be used for purely private purposes or for the exclusive benefit of private persons.

Question 113

Provide an example of a case where a tax levy was declared invalid due to benefiting a private corporation.

Answer 113

In Planters Products Inc v. Fertiphil Corporation, a tax levy on the sale of fertilizers for the exclusive benefit of a private corporation was declared invalid.

Question 114

How should tax exemptions be construed?

Answer 114

Tax exemptions should be construed strongly against the claimant.

Question 115

Name some entities exempt from taxation under Sec 28(3) Art VI.

Answer 115

Charitable institutions, churches, parsonages, convents, mosques, and properties exclusively used for religious, charitable, or educational purposes are exempt.

Question 116

Are statutory exemptions absolute, and what is required for passing laws granting tax exemptions?

Answer 116

Statutory exemptions are not absolute, and no law granting tax exemptions shall be passed without the concurrence of a majority of all Members of Congress.

Question 117

Can a gratuitously granted tax exemption be revoked?

Answer 117

Yes, where a tax exemption was granted gratuitously, it may be validly revoked at will, with or without cause.

Question 118

Under what conditions is an exemption considered a contract and protected against impairment?

Answer 118

If an exemption is granted for valuable consideration, it is deemed to partake of a contract and is protected against impairment.

Question 119

What condition is placed on franchises or rights under Sec 11 Art XII?

Answer 119

Franchises or rights granted under Sec 11 Art XII are subject to amendment, alteration, or repeal by Congress when the common good requires it.

Question 120

What is the first limitation outlined in Section 29, Article VI of the Constitution?

Answer 120

No money shall be paid out of the Treasury except in pursuance of an appropriation made by law.

Question 121

What is the second limitation regarding the use of public money or property?

Answer 121

No public money or property shall be appropriated, applied, paid, or employed for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, except in specific circumstances.

Question 122

How should money collected from a tax levied for a special purpose be treated?

Answer 122

All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for that purpose only.

Question 123

What action should be taken if the purpose of a special fund has been fulfilled or abandoned?

Answer 123

If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

Question 124

WHO HAS THE POWER TO INITIATE ALL CASES OF IMPEACHMENT?

Answer 124

T H of R s h t e p t i a c o i

Question 125

WHO HAS THE POWER TO TRY AND DECIDE ALL CASES OF IMPEACHMENT?

Answer 125

T S s h t s p t t a d a c o i. W s f t p, t S s b o o o a. N p s b c w t c o t-t o a t M o t

Question 126

WHAT ARE MOOT AND ACADEMIC QUESTIONS?

Answer 126

A i o a c b m a a w i c t p a j c s t a d t w b w p u a v. I s c, t i n a s r t w t p w b e t a w w b n b t d o t p. An issue or a case becomes moot and academic when it ceases to present a justiciable controversy so that a determination thereof would be without practical use and value. In such cases, there is no actual substantial relief to which the petitioner would be entitled to and which would be negated by the dismissal of the petition.

Question 127

CAN THE LANDOWNER RECOVER THE POSSESSION OF PROPERTY SUBJECT TO EXPROPRIATION IF THE STATE FAILED TO PAY JUST COMPENSATION?

Answer 127

Y. W t p d i t “t n-p o j c d n e t p l t r p o t e l, h, i c w t g f t p j c w f (5) y f t f o t j i t e p, t o c s h t r t r p o t p. T C d j c a n o t c d o t a t b p t t p o b a t p o t p w a r t. W p p, c c b c “j”.