primary consideration of an expropriation suit is whether

the government has complied with the requisites of taking

WHAT?
of private property.
 It is the right of the State to acquire private property for
 The court determines the authority of the government
public use upon the payment of just compensation.
entity, necessity of the expropriation, and observance of
 It is the procedure for enforcing the right of eminent
due process
domain.
 Although the value of the property to be expropriated is
LIMITATIONS FOR THE POWER: estimated in monetary terms, this is merely incidental to
the expropriation suit because the amount of just
 Public use compensation is only determined after the court is satisfied
 Just compensation with the propriety of the expropriation. (Barangay San
 Due Process Roque v. Heirs of Pastor)
 Equal Protection
WHY?
WHO?
 Purpose of expropriation:
 Entities involved: For Public use or to meet public exigency
Government as plaintiff
Private individuals HOW EXERCISED?
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 Delegating bodies thru LGU  The right of eminent domain shall be exercised by the filing of
 PARTIES: a verified complaint.
 Government as plaintiff
CONTENT OF COMPLAINT
Private individuals all persons owning or claiming to own, or
o shall state with certainty the right and purpose of
occupying, any part thereof or interest therein, showing, so far as
expropriation
practicable, the separate interest of each defendant.
o describe the real or personal property sought to be
WHEN? expropriated
o join as defendants all persons owning or claiming to own,
 The owner refuses to sell or occupying, any part thereof or interest therein,
 If the owner agreed to sell but agreement as to the price cannot showing, so far as practicable, the separate interest of
be ascertained each defendant.
(B) Section 2 Rule 67 RC
WHERE?
 Deposits with the authorized government depositary an
 Before the RTC, because it is incapable of pecuniary amount equivalent to the assessed value of the property for
estimation. Regardless of the value of the property. The purposes of taxation to be held by such bank subject to the
orders of the court.
Purposes of preliminary deposit III. ORDER TO THE SHERIFF TO PLACE THE PROPERTY TO THE
POSSESSION OF THE PLAINTIFF
1. It serves as an advanced payment to the owner of the property should
 Upon the filing of the complaint or at any time thereafter and after due
the court decide in favor of the plaintiff; notice to the defendant, the plaintiff shall have the right to take or enter
2. It shall serve as indemnity against any damage which the owner may have upon the possession of the real property involved if he deposits with the
authorized government depositary an amount equivalent to the assessed
sustained (Visayan Refining Company v. Camus, 40 Phil. 550).
value of the property for purposes of taxation to be held by such bank
NOTE: The preliminary deposit is only necessary if the plaintiff desires entry subject to the orders of the court. RULE 67 SECTION 2
on the land upon its institution of the action (Regalado, 2010).  After such deposit is made the court shall order the sheriff or other proper
officer to forthwith place the plaintiff in possession of the property
(C) Determine Whether or not under Section 2 R67 or RA NO. 8974 involved and promptly submit a report thereof to the court with service of
copies to the parties. RULE 67 SEC 2

SECTION 2 RULE 67 R.A. NO. 8974 Requisites in order that plaintiff may be authorized to immediately enter
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 depositaryproperty 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
possession possession 2. Tender, or payment with legal interest from the taking of possession
The initial deposit is equivalent to
The initial compensation is based of the property, of compensation fixed by the judgment and
the assessed value of the property
on fair market value of the property payment of costs by plaintiff (Sec. 10, Rule 67).
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
value of the improvements using writ becomes ministerial on the part of the trial court (Biglang-Awa v.
cost method Bacalla, G.R. Nos. 139927-36, November 22, 2000). The defenses by the
Applies to expropriation by the Applies to expropriation by owner against immediate possession can be considered during trial on the
government for purposes other Government for purposes of merits (NAPOCOR v. Jocson, 206 SCRA 520).
than national infrastructure national infrastructure projects
IV. OPTIONS OF THE DEFENDANT
Declaration of Default
II. NOTICE AND SERVICE OF SUMMMONS The defendant cannot be declared in default. However, failure to
 Due notice to the defendant file an answer would not bar the court from rendering judgment on
 Service of summons to both parties specifically on the the right to expropriate, without prejudice to the defendant’s right
part of Defendant to abide with the Order of writ of to present evidence on just compensation and to share in the
possession. distribution of the award (Sec. 3, Rule 67).
 VIII. PROPRIETY OF EXPROPRIATION
V. DEFENDANT CAN MANIFEST HIS OBJECTIONS
Determination whether or not for Public Purpose
 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 - Usefulness, utility or advantage or what is productive of the
to the taking of his property, he shall serve his answer within the general benefit (of the public)
time stated in the summons. The answer shall specifically
- The determination of the authority of the plaintiff to
designate or identify the property in which he claims to have an
expropriate. The determination includes inquiry into the
interest, state the nature and extent of the interest claimed, and
adduce all his objections and defenses to the taking of his
propriety of the expropriation, it’s necessity and the public
property. purpose
 No counterclaim, cross-claim or third-party complaint shall be (A) FOR PUBLIC PURPOSE
alleged or allowed in the answer or any subsequent pleading. (A.1) PROCEED TO SECOND STAGE
(B) NOT FOR PUBLIC PURPOSE
Duty of the Court if the defendant waives his defenses or objections (B.1) DISMISSAL BY TRIAL COURT
If a defendant waives all defenses and objections not so alleged, the court, (B.2) REMEDY: APPEAL
in the interest of justice, may permit amendments to the answer to be GRANTED: PROCEED TO 2ND STAGE
made not later than 10 days from the filing thereof. However, at the trial of DENIED: DISMISSAL OF EXPROPRIATION CASE
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 IX. PAYMENT OF JUST COMPENSTAION
compensation to be paid for his property, and he may share in the Just compensation is defined as the full and fair equivalent of the
distribution of the award (Sec. 3, Rule 67). 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
Remedy of defendant if answer omits some defenses not only to the owner but also to the taker. Even as undervaluation
If the answer omits some defenses, the remedy, in order to prevent a would deprive the owner of his property without due process, so
waiver of those defenses not alleged, is to seek leave to amend the answer too would its overvaluation unduly favor him to the prejudice of the
within 10 days from the filing thereof (Sec. 3, Rule 67). public (National Power Corporation v. De la Cruz, G.R. No. 156093,
February 2, 2007).
VI. IF NO OBJECTION
 If a defendant has no objection or defense to the action or the How court determine just compensation
taking of his property, he may file and serve a notice of The trial court should first ascertain the market value of the
appearance and a manifestation to that effect, specifically property, to which should be added the consequential damages
designating or identifying the property in which he claims to be
after deducting therefrom the consequential benefits which may
interested, within the time stated in the summons. Thereafter, he
arise from the expropriation. If the consequential benefits exceed
shall be entitled to notice of all proceedings affecting the same.
VII. HEARING the consequential damages, these items should be disregarded
altogether as the basic value of the property should be paid in every
STAGES OF EXPROPRIATION case.
The market value of the property is the price that may be agreed upon by The value of just compensation shall be determined as of the date
parties willing but not compelled to enter into the contract of sale. Not of the taking of the property or the filing of the complaint,
unlikely, a buyer desperate to acquire a piece of property would agree to whichever came first (Sec. 4, Rule 67).
pay more, and a seller in urgent need of funds would agree to accept less, (A) HEARING ON JUST COMPENSATION
than what it is actually worth.
X. COURT WILL APPOINT COMMISSIONER
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, - The commissioners shall take and subscribe an oath that they will
its actual or potential uses, and in the particular case of lands, their size, faithfully perform their duties as commissioners, which oath shall be filed
shape, location, and the tax declarations thereon (National Power in court with the other proceedings in the case.
Corporation v. De la Cruz, G.R. No. 156093, February 2, 2007). - The commissioners shall make a full and accurate report to the court of
all their proceedings, and such proceedings shall not be effectual until the
Formula for the determination of just compensation
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
JC = FMV + CD – CB 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
If CD is more than CB then: 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
JC = FMV 6)

(A) PROCEEDINGS BY COMMISSIONER

LEGEND:
(A.1) Evidence may be introduced by either party before the
JC – Just compensation
commissioners who are authorized to administer oaths on hearings before
FMV – Fair market value them, and the commissioners shall, unless the parties consent to the
CD – Consequential damages contrary, after due notice to the parties, to attend, view and examine the
CB – Consequential benefits property sought to be expropriated and its surroundings, and may measure
NOTE: Sentimental value is not included the same, after which either party may, by himself or counsel, argue the
case. The commissioners shall assess the consequential damages to the
Consequential Benefit property not taken and deduct from such consequential damages the
It refers to actual benefits derived by the owner on the remaining consequential benefits to be derived by the owner from the public use or
portion of his land which are the direct and proximate results of the purpose of the property taken, the operation of its franchise by 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)

Reckoning point for determining just compensation (A.2) The court may order the commissioners to report when any
particular portion of the real estate shall have been passed upon by them
 (B) THE COURT MAY GRANT Appeal
render judgment upon such partial report, and direct the commissioners to The Final order sustaining the right to expropriate the property may be
proceed with their work as to subsequent portions of the property sought appealed by any of the aggrieved party (SECTION 4 RUL3 67)
to be expropriated, and may from time to time so deal with such property.
(RULE 67 SECTION 7) MANNERS NOT AFFECTED BY APPEAL:

(D). THE COURT MAY DENY 1. Recall that the second stage in the expropriation process is the
determination of just compensation (SECTION 4 RULE 67)
It may set aside the report and appoint new commissioners; or it may
2. The right of the plaintiff to enter upon the property of the
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 plaintiff the property essential
defendant and appropriate the same for public use or purpose
to the exercise of his right of expropriation, and to the defendant just shall not be delayed by an appeal from the judgment (RULE 67
compensation for the property so taken. (RULE 67 SECTION 8) SECTION 11)

XI. THE COURT MAY GRANT THE EXPROPRIATION CASE The order of expropriation may be appealed by the defendant by record on
XII. FINAL ORDER OF EXPROPRIATION appeal. This is an instance when multiple appeals are allowed because they
have separate and/or several judgments on different issues, e.g. issue on
- An order of expropriation (or order of condemnation) will be issued the right to expropriate or issue of just compensation.
declaring that the plaintiff has a lawful right to take the property.
NOTE: An appeal does not delay the right of the plaintiff to enter upon the
It is issued when: 1. The objections to and the defenses against the right of property of the defendant and appropriate the same for public use (Sec. 11,
the plaintiff to expropriate the property are overruled, or 2. No party Rule 67). An appeal from judgment shall not prevent the court from
appears to defend as required by this Rule (Sec. 4, Rule 67). determining the just compensation to be paid (Sec. 4, Rule 67).
NOTE: After the rendition of the order of expropriation, the plaintiff shall All costs, except those of rival claimants litigating their claims, shall be paid by the
not be permitted to dismiss or discontinue the proceeding except upon such plaintiff, unless an appeal is taken by the owner of the property and the judgment is
terms as the court deems just and equitable (Sec. 4, Rule 67). affirmed, in which event the costs of the appeal shall be paid by the owner. (12a)

Uncertain ownership XIII. PAYMENT OF JUST COMPENSATION (IF GRANTED)

XIV. DEFENDANT ACCEPTED THE JUST COMPENSATION
The trial court may decide conflicting claims of ownership in the same case.
(XIV. 1) IF PAID BY PLAINTIFF
There is no need for an independent action since the person entitled
If not paid immediately, no automatic reversion.
thereto will be adjudged in the same proceeding. However, the court may
The plaintiff is given until 5 years from finality of judgment
order any sum(s) awarded as compensation for the property to be paid to
(XIV.2) JUST COMPENSATION NOT PAID
the court for the benefit of the person that will be adjudged as entitled
REMEDY OF DEFENDANT: RIGHT TO RECOVER POSSESSION
thereto (Sec. 9, Rule 67).
XV. DEFENDANT DID NOT ACCEPT PAYMENT OF JUST COMPENSATION
NOTE: No dismissal by plaintiff upon rendition of the order of expropriation - If the defendant and his counsel absent themselves from the court, or
EXCEPT upon such terms as the court deems just and equitable. decline to receive the amount tendered, the same shall be ordered to be
deposited in court and such deposit shall have the same effect as actual
(XI.1) REMEDY OF DEFENDANT: APPEAL) 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 plaintiff 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 plaintiff. (11a)