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Showing 1–24 of 35 articles for “private property”

Easements and Eminent Domain in the Philippines: MMDA’s Limits After Diamond Motor

The Supreme Court limits MMDA’s power to impose easements, balancing flood control with private property rights and just compensation.

Election Propaganda on Private Property: COMELEC's Power to Regulate Free Speech

The Supreme Court clarifies when COMELEC may regulate privately-owned election materials, balancing free speech with election regulation.

When Can a City Demand Access to Private Property? The Caloocan Case

The Supreme Court clarifies when local governments may demand access to private roads, balancing public service duties against property rights.

Eminent Domain and Private Property: Clarifying Expropriation Powers in the Philippines

The Supreme Court clarifies when state-owned land is private property subject to expropriation, and the limits of delegated eminent domain.

Private Roads and Public Use: When a Local Ordinance Cannot Convert Private Property

A local ordinance cannot convert a private road into public property without donation, purchase, or expropriation. The Supreme Court explains.

State Immunity vs Private Rights: Balancing Public Use and Just Compensation

When government agencies take private property without expropriation, state immunity cannot block claims for just compensation and recovery of possession.

Open Space vs Private Property: Resolving Subdivision Land Disputes in the Philippines

Supreme Court ruling on when subdivision open spaces remain private property, and the limits of homeowners' claims over them.

Oil Depot Relocation Balancing Public Safety AND Property Rights IN Manila

A look at how Philippine courts weigh public safety concerns against private property rights in urban redevelopment cases.

Balancing Public Safety and Private Property Access Rights on Limited Access Highways

Philippine Supreme Court ruling on property owners' rights to access limited access highways like NLEX, balancing police power and private interests.

Balancing Public Infrastructure and Private Property: Limits on Preliminary Injunctions

The Supreme Court clarifies when courts may issue injunctions against government infrastructure projects under R.A. 8975.

When Utility Inspectors Enter Private Homes: Abuse of Rights and Unreasonable Search Claims

Explaining when utility inspections of private property are lawful, and when they may give rise to damages for abuse of rights.

Land Registration Under Section 14(2): The Patrimonial Property Requirement

The Supreme Court clarifies when alienable public land becomes private property subject to acquisition by prescription under PD 1529.

Just Compensation Required When Government Takes Private Property for Roads

Supreme Court rules government must pay just compensation for private property taken for road widening, not demand donation under PD 1529.

When Police Power Oversteps: The Marikina Fence Ordinance and Property Rights

The Supreme Court struck down Marikina's fence ordinance as an oppressive exercise of police power, protecting private property and privacy rights.

Unraveling Sequestration When Government Claims Meet Private Property Rights IN THE Philippines

The Supreme Court upheld key provisions of the Migrant Workers Act, including illegal recruitment penalties and the joint liability rule for corporate officers.

Expropriation for Socialized Housing: Balancing Public Needs and Private Property Rights

The Supreme Court clarifies the strict requirements local governments must meet before expropriating private land for socialized housing under R.A. 7279.

Coconut Levy Funds Are Public Funds: SC Limits on Spending and Public Purpose

The Supreme Court ruled coco-levy funds are public funds, voiding laws that treated them as private property and allowed spending beyond their special purpose.

Foreshore Land vs Private Property: Clarifying Ownership Rights in Coastal Areas

Philippine Supreme Court ruling on possession, prescription, and jurisdiction in disputes over untitled coastal and ancestral lands.

Advertising Rights vs Public Authority: MMDA's Power Over MRT3 Advertisements

Supreme Court ruling on whether MMDA could dismantle billboards on MRT3, a private property under a build-lease-transfer agreement.

MMDA Has No Power to Dismantle Billboards on MRT3 Private Property

Supreme Court ruling that MMDA cannot dismantle billboards on MRT3 structures, clarifying the agency's limited administrative powers under RA 7924.

Parking Fees vs Public Access: Reconciling Building Codes and Private Property Rights in Philippine Malls

Supreme Court rules malls may charge parking fees; building codes require spaces, not free access. Property rights prevail.

Just Compensation in Expropriation: When the Government Takes Property Without Filing a Case

Philippine Supreme Court ruling on just compensation, consequential damages, and attorney's fees when government takes private property without expropriation proceedings.

Eminent Domain vs Land Titles: When Government Delay Fortifies Private Property Rights

Supreme Court ruling on how government delay in paying just compensation and registering expropriated land strengthens private landowners' Torrens titles.

Public Plaza vs. Private Property: Land Ownership Disputes in the Philippines

When can land used as a public plaza be claimed as private property? The Supreme Court clarifies the rules on property of public dominion.