Civil Procedure

Civil Procedure A satisfied Microsoft Office User Normal A satisfied Microsoft Office User 2 2 2002-01-10T09:30:00Z 2002-01-10T09:30:00Z 1 55 318 sc 2 1 390 9.2720 120

6. Expropriation

1. Requisites For Exercise of Right

(1) due process of law – compliance with the rules set down (Rule 67);

(2) payment of just compensation; and

(3) taking must be for public use. 444

2. Two (2) Stages in Expropriation Proceedings

2.1 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. This stage is terminated by either an order of dismissal of the action or order of the condemnation declaring that expropriation is proper and legal. These orders are final and therefore appealable. 445

2.2 Determination of just compensation

This is done with the assistance of not more than three (3) commissioners. The order fixing just compensation is also final and appealable. 446 Just compensation is to be determined as of the date of the taking of the propriety or the filing of the complaint, whichever comes first.

444 J. M. Tuazon and Co., Inc. v. Land Tenure Administration, No. L-21064, June 30, 1970, 33 SCRA 882.

445 Municipality of Bi�an v. Garcia, G. R. No. 69260, December 22, 1989, 180 SCRA 576.

446 Ibid.