G.R. No. L-31635 – 148-B Phil. 474 – 40 SCRA 464 – Political Law – Constitutional Law – State Immunity From Suit – Acts of Public Officials; When Immunity may Not Be Invoked Powers of the State – Eminent Domain – Just Compensation; How Determined Angel Ministerio owns a titled […]
eminent domain
10 posts
G.R. No. 252946 – 10 February 2021 – Political Law – Constitutional Law – General Principles – Powers of the State – Eminent Domain – Expropriation Proceedings; Procedural Requirement A complaint for expropriation was filed by the City Government of Mandaluyong against the property of Pagong Realty. It was alleged […]
G.R. No. 164195 – 543 Phil. 497 – 514 SCRA 537 – Civil Law – Property – Eminent Domain – Determination of Just Compensation APO Fruits Corporation, Inc. (AFC) and Hijo Plantation Inc. (HPI) were owners of 5 parcels of land (1338.60 has.) located in San Isidro, Tagum, Davao. On […]
G.R. No. 138896 – 389 Phil. 466 – 334 SCRA 127 – Political Law – Municipal Corporations – Eminent Domain – Expropriation – BP 129 Remedial Law – Civil Procedure – Special Civil Actions – Jurisdiction of Expropriation Cases- BP 129 In 1997, Brgy. San Roque of Talisay, Cebu, […]
The first is concerned with the 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 involved in the suit. It ends with an order, if not of dismissal of the action, “of condemnation […]
“Taking” under the concept of eminent domain is entering upon private property for more than a momentary period, and, under the warrant or color of legal authority, devoting it to a public use, or otherwise informally appropriating or injuriously affecting it in such a way as to substantially oust the […]
Police Power vs Eminent Domain The power of eminent domain is the inherent right of the state (and of those entities to which the power has been lawfully delegated) to condemn private property to public use upon payment of just compensation. On the other hand, police power is the power […]
They are: (1) the expropriator must enter a private property; (2) the entry must be for more than a momentary period. (3) the entry must be under warrant or color of legal authority; (4) the property must be devoted to public use or otherwise informally appropriated or injuriously affected; (5) […]
G.R. No. 157882 – 520 Phil. 457 – 485 SCRA 586 – Political Law – Constitutional Law – Police Power – Eminent Domain In 1987, EO 279 was promulgated which allowed the DENR Secretary to allow foreign corporations to conduct mining explorations in the Philippines. In 1994, the government […]
G.R. No. 78742 – G.R. No. 79777 – G.R. No. 79744, G.R. No. 79310 – 175 SCRA 343 – Political Law – Constitutional Law – Bill of Rights – Equal Protection – Valid ClassificationEminent Domain – Just CompensationThese are four consolidated cases questioning the constitutionality of the Comprehensive Agrarian Reform […]