Eminent Domain Philippines
Constitutional Framework
The 1987 Philippine Constitution enshrines the power of eminent domain, providing that "private property shall not be taken for public use without just compensation." This establishes the principle that the government can take private property but must do so fairly and justly.
Legislative Aspects
Republic Act No. 10752, also known as the "Right-of-Way Act," and other pieces of legislation further outline the procedural and substantive aspects of eminent domain. Local government units are also vested with this power but are required to follow statutory regulations closely.
The Concept of Public Use
The concept of "public use" has been expansively interpreted by Philippine courts. While it typically encompasses public works projects like highways or schools, it can also include efforts to redistribute land as part of a social justice program.
Just Compensation
In the Philippines, "just compensation" is generally the fair market value of the property at the time of the taking. Factors such as the property's current use, location, and potential for future use are considered in the valuation.
Legal Procedures
The process begins with a complaint filed by the government in a Regional Trial Court. The court then determines the legitimacy of the expropriation and the just compensation due. At least 15% of the fair market value must usually be deposited before the government can take possession.
Defenses and Challenges
Affected property owners can challenge the expropriation by questioning the genuine public use or the just compensation offered. Courts scrutinize the government’s intended use closely to ensure it meets the definition of public use and is not a ploy for benefiting private interests.
Conclusion
Eminent domain is a complex area of Philippine law encompassing constitutional principles, legislative enactments, and judicial interpretations. Individuals facing expropriation should seek qualified legal advice to understand their rights and options fully.