SCA Rule 67

Question 1

What is expropriation?

Answer 1

refers to the exercise of the State’s right to eminent domain.

Question 2

What is the meaning of “Compensable Taking?”

Answer 2

The taking of private property for public use, to be compensable, need not be an actual physical taking or appropriation. Compensable taking includes destruction, restriction, diminution, or interruption of the rights of ownership or of the common and necessary use and enjoyment of the property in a lawful manner, lessening or destroying its value. It is neither necessary that the owner be wholly deprived of the use of his property, nor material whether the property is removed from the possession of the owner, or in any respect changes hands. (National Power Corporation vs. Heirs of Macabangkit Sangkay, G.R. No. 165828, August 24, 2011)

Question 3

True or false.. Expropriation must be for public use only.

Answer 3

True

Question 4

What is the meaning of “public use?”

Answer 4

Public use has now acquired an expansive meaning to include any use that is of “usefully, utility, or advantage, or what is productive of the general - benefit of the public. If the genuine public necessity – the very reason or condition as it were – allowing, at the first instance, the expropriation of a private land ceases or disappears, then there is no more cogent point for the government’s retention of the expropriated land. The same legal situation should hold if the government devotes the property to another public use very much different from the original or deviates from the declared purpose to the benefit of another private person.

Question 5

True or false.. Prohibition does not lie against expropriation.

Answer 5

True
Exception: when the landowners are not given their just compensation for the taking of their property of just compensation

Question 6

During pendency of expropriation complaint the state may already enter and possess the property subject to the guidelines in Rule 67 of the Rules of
Court.

Answer 6

True

Question 7

True or false. a counterclaim, cross claim or third-party complaint may be filed in an action for expropriation

Answer 7

False. by express provision of Section 3 which states that, “No counterclaim, cross-claim or third-party complaint shall be alleged or allowed in the answer or any subsequent pleading.”

Question 8

What are the effects of failure of the defendant to raise defenses and objections?

Answer 8

A defendant waives all defenses and objections not so alleged; and
2. The court may, in the interest of justice, may permit amendments to the answer to be made not later than 10 days from the filing thereof.

Question 9

What are the remedies of the defendant as regards the issue of just compensation?

Answer 9

1. Present evidence as to the amount of the compensation to be paid for his property; and
   
   2. He may share in the distribution of the award.
      award.

Question 10

What is the remedy of the defendant in case of issuance of a final order of expropriation?

Answer 10

A final order sustaining the right to expropriate the property may be appealed by any party aggrieved thereby.

Question 11

What are the orders or judgment which can be appealed in expropriation proceedings?

Answer 11

1. A final order sustaining the right to expropriate the property
2. Order of determination of just compensation
3. Judgment in expropriation proceeding

Question 12

What is the effect of the filing of an appeal from the final order of expropriation?

Answer 12

Such appeal shall NOT prevent the court from determining the just compensation to be paid.

Question 13

STAGES OF EXPROPRIATION PROCEEDINGS

Answer 13

1. Determination of the authority of the plaintiff to exercise the power of eminent domain and
   the propriety of its exercise in the context of the facts involved in the suit.
2. Determination by the court of the just compensation for the property sought to be taken.

Question 14

SCOPE OF JUDICIAL REVIEW OF THE EXERCISE OF EMINENT DOMAIN

Answer 14

a. The adequacy of the compensation ‘
b. The necessity of the taking; and
c. The public use character of the purpose of the taking.

Question 15

What is Just Compensation?

Answer 15

It is the sum equivalent to the market value of the property, broadly described as the price fixed by the seller in open market in the usual and ordinary course of legal action and competition, or the fair market value of the property as between the one who receives and the one who desires to sell it, it being fixed at the time of the actual taking by the government.
• The true measure of just compensation is not the taker’s gain but the owner’s loss.

Question 16

True or false. The imposition of interest on just compensation is illegal.

Answer 16

True. Exception: When there is delay on the part of the government for its payment.

Question 17

True or false. The right of the plaintiff to enter upon the property of the defendant and appropriate the same to public use or purpose shall not be delayed by an appeal from judgment.

Answer 17

True

Question 18

When may the LGU exercise the power of imminent domain?

Answer 18

1. An ordinance is enacted by the local legislative council authorizing the local chief
   executive, in behalf of the LGU, to exercise the power of eminent domain or pursue expropriation proceedings over a particular private property.
2. The power of eminent domain is exercised for public use, purpose or welfare, or for the
   benefit of the poor and the landless. 3. There is a payment of just compensation. 4. A valid and definite offer has been previously made to the owner of the property sought to
   be expropriated, but said offer was not accepted (Sps. Antonio and Fe Yusay vs. CA, et
   al, G.R. No. 156684 (April 6, 2011)