Category Archives: Expropriation

Expropriation for agrarian reform requires the payment of just compensation

Posted on March 8, 2012 by Erineus

Expropriation for agrarian reform requires the payment of  just compensation The LBP claims that the just compensation in this case should be determined within the context of the article on social justice found in the 1987 Constitution. In the LBP’s … Continue reading →

Posted in Agrarian Reform, CARP, DAR, Definitions, Expropriation, Land Bank, Statutory Construction | Tagged | Leave a comment

Ascertainment of compensation and proceedings by commissioners

Posted on February 24, 2012 by Erineus

Cecilio’s last source of authority to collect payment from the proceeds of the expropriation is the SPA executed on 18 October 1996 by the Hernandezes in favor of Cecilio as their “true and lawful” attorney with respect to the expropriation … Continue reading →

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the doctrine of sovereign immunity cannot be successfully invoked to defeat a valid claim for compensation arising from the taking without just compensation and without the proper expropriation proceedings

Posted on February 18, 2012 by Erineus

We further observe the doctrine of sovereign immunity cannot be successfully invoked to defeat a valid claim for compensation arising from the taking without just compensation and without the proper expropriation proceedings being first resorted to of the plaintiffs’ property.[16]  … Continue reading →

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The expropriator should commit to use the property pursuant to the purpose stated in the petition for expropriation filed, failing which, it should file another petition for the new purpose. If not, it is then incumbent upon the expropriator to return the said property to its private owner, if the latter desires to reacquire the same.

Posted on February 4, 2012 by Erineus

The Republic and MCIAA’s petition in G.R. No. 168812 is bereft of merit, while the Ouano petition in G.R. No. 168770 is meritorious.           At the outset, three (3) fairly established factual premises ought to be emphasized:           First, the … Continue reading →

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The only ground upon which a provincial board may declare any municipal resolution, ordinance, or order invalid is when such resolution, ordinance, or order is ‘beyond the powers conferred upon the council or president making the same. Absolutely no other ground is recognized by the law.

Posted on July 26, 2011 by Erineus

Eminent domain, the power which the Municipality of Bunawan exercised in the instant case, is a fundamental State power that is inseparable from sovereignty.[14] It is government’s right to appropriate, in the nature of a compulsory sale to the State, private … Continue reading →

Posted in Eminent Domain, Expropriation, LGU, Sangguniang Bayan, Sangguniang Panlalawigan | Tagged | Leave a comment