RIANO SUMMARY o It is not necessary that the entire community benefits.
Even if it caters
REMEDIAL LAW REVIEW 2
Atty. Brondial
RULE 67 – EXPROPRIATION
 It is the proceeding to implement the inherent right of the State – Eminent
Domain, based on Regalian Doctrine (that all lands belong to the State and he
who claims it has the burden of proof )
o “No private property shall be taken for public use without just
compensation.” (Constitution)
 Government depositary bank – Now Landbank not PNB.
 Expropriation is not reclamation. The latter is a mode of acquiring title over the
property.
 JURISDICTION: RTC – incapable of pecuniary estimation. The value of the
property being only incidental to the case.
 VENUE: where the property is located.
 PARTIES
 Who can file/plaintiff? Only the government.
o Local Government Code grants the power not only to local
government and barangay but also to GOCCs, etc.
o Barangays: cannot expropriate by mere passing of a
Resolution. Such Resolution must be approved by the municipal
or city Sangunian.
o GOCCs: cannot expropriate unless so stated in the Charter.
 REMEDY of the Owner of the Property:
o Mandamus
o Quo warranto
o Answer is not necessary. Rule only provides for ‘filing of defenses and
objections.’
 PROPERTY involved: real and personal property.
o Hence ill-gotten wealth can be subject to appropriation.
o Can a government property be expropriated?
GR: If the property is already for public use, it can never be
subject for another taking. (Chinese Cemetery property)
EXCEPTIONS (not subject for another taking):
 If not for public use.
 If such government property is occupied by private persons
for private use:
“Sec. 1, Rule 67 recognizes the possibility that the property
sought to be expropriated may be titled in the name of the
Republic of the Philippines although occupied by private
individuals.” Asia’s Emerging Dragon case ~ PIATCO
Hence, while the Government seeks to expropriate a
building constructed on land which the State already owns,
it has to pay just compensation (to PIATCO as builders of
the structures) when its right to take over the property
(NAIA Terminal 3) was preconditioned by a lawful order (to
pay just compensation).
 LAWS Related:
o Land Registration Act
o Local Government Code
o R.A. 6657(Agrarian Reform)
 Concept of TAKING
o Not limited to actual seizure or custody of property.
o Not only when there is actual deprivation or dispossession of the
property
o But also when there is a practical destruction or material
impairment of the value of the property. (Republic vs Andaya)
o There is “taking” when there is diminution of usefulness (when the
utilization of the property is diminished).
o National Power Corp vs CA:
“From the filing of the expropriation case, the owner already
incurred damages (waste materials thrown on its property) even
if there is no actual taking of the property yet.”
 FOR PUBLIC USE
only to certain members of the society, as long as it is for the common
good and for the general welfare, then it is for public use.
 JUST COMPENSATION
o The determination of JC is a judicial function; under the original and
exclusive jurisdiction of the RTC [acting as SAC (Special Agrarian
Reform) in cases involving land reforms]
o Formula:
JC = FMV + consequential damages – consequential benefits;
Provided, that the consequential benefits should not be more than
the consequential damages.
o FMV = the price that the buyer is willing to buy without being forced to,
or the seller is willing to sell without being forced to.
o To be determined by (not more than) 3 Commissioners,
referred/decided by:
 Expropriator
 Owner
 Court representative
NOTE:
1. Deposition officer is different from Commissioner.
2. Commissioners are not authorized to render
judgment; only reports (merely recommendatory)
o Deposit by the Petitioner for purposes of taking immediately the
property upon filing of the complaint:
 NOT THE ENTIRE MARKET VALUE OF THE PROPERTY
 LGC:
 15% of the FMV
 RA 8974 (for infrastructure programs):
 100% of the zonal value or the market value,
whichever is higher.
 Zonal valuation is the value assessment of the BIR.
 Emerging Dragon case: “Before the government can
take possession of the property expropriated, they
must pay 100% of the zonal valuation. But take note
that this rule is for the infrastructure project of the
government, i.e. MRT, and not for the ordinary
projects of the government, i.e. mere road widening.
2 PARTS OF EXPROPRIATION
1. The first thing that the court issues is the order of condemnation or what we
call the order of expropriation. This is a final order hence the remedy is appeal
which is a notice of appeal.
2. Determination of just compensation. To appoint 3 commissioners decided
by the parties, plaintiff and the defendant shall suggest the member of the
commission and the court shall appoint a common member. Take note that the
members of the commission may accept evidence, here testimony not for the
purpose of judgment but only a report which is not controlling and merely
recommendatory.
The determination of just compensation is ALWAYS A JUDICIAL FUNCTION
AND NEVER AN EXECUTIVE NOR LEGISLATIVE FUNCTION. That’s why the
commissioner can only recommend which the court may take it or not or
recommit the recommendation for further studies.
BAR 2009
Can Congress pass a law expropriating 100 sqm of UST property to be paid
through exchange or barter with another one hectare property in Calamba
as payment? Objective is to build statute of Mayor Lacson.
Committee Answer: Yes as alternative answer
Atty Brondial: No. The answer should be in remedial law, not in Constitutional
law since it is a rem bar.
When immediate entry allowed in expropriation?
Immediate entry is allowed provided the following requirements
are met:
A. Expropriation proceedings under Rule 67, Rules of Court
1. Filing of the complaint and due notice to the defendant; and
2. Deposit with an authorized government depository of the assessed value
of the property for expropriation. (National Power Corp v. Jocson)
B. Expropriation proceedings under Republic Act No. 8974 (which governs
expropriation for national infrastructure projects)
1. Filing of the complaint and due notice to the defendant;
2. Immediate payment of 100% of the value of the property based on the
current relevant zonal valuation of the BIR and the value of the
improvements and/or structures;
1
 3. If there is no existing valuation and expropriation is of utmost urgency and
importance, there shall be payment of the proffered value (Republic v.
Gingoyan, Republic v. Holy Trinity Development)

C. Expropriation proceedings under the Local Government Code (local

expropriation)
1. Filing of the complaint for expropriation sufficient in form and
substance; and
2. Deposit of the amount equivalent to 15% of the fair market value of the
property to be expropriated, based on the most recent tax declaration.