Expropriation
Section 1. The complaint. — The right
of eminent domain shall be exercised by the filing of a verified
complaint which shall state with certainty the right and purpose of
expropriation, describe the real or personal property sought to be
expropriated, and join as defendants all persons owning or claiming to
own, or occupying, any part thereof or interest therein, showing, so far
as practicable, the separate interest of each defendant. If the title
to any property sought to be expropriated appears to be in the Republic
of the Philippines, although occupied by private individuals, or if the
title is otherwise obscure or doubtful so that the plaintiff cannot with
accuracy or certainty specify who are the real owners, averment to that
effect shall be made in the complaint. (1a)
Section 2. Entry of plaintiff upon depositing value with authorized government depositary.
— Upon the filing of the complaint or at any time thereafter and after
due notice to the defendant, the plaintiff shall have the right to take
or enter upon the possession of the real property involved if he
deposits with the authorized government depositary an amount equivalent
to the assessed value of the property for purposes of taxation to be
held by such bank subject to the orders of the court. Such deposit shall
be in money, unless in lieu thereof the court authorizes the deposit of
a certificate of deposit of a government bank of the Republic of the
Philippines payable on demand to the authorized government depositary.
If personal property is involved, its value shall be
provisionally ascertained and the amount to be deposited shall be
promptly fixed by the court.
After such deposit is made the court shall order the
sheriff or other proper officer to forthwith place the plaintiff in
possession of the property involved and promptly submit a report thereof
to the court with service of copies to the parties. (2a)
Section 3. Defenses and objections. —
If a defendant has no objection or defense to the action or the taking
of his property, he may file and serve a notice of appearance and a
manifestation to that effect, specifically designating or identifying
the property in which he claims to be interested, within the time stated
in the summons. Thereafter, he shall be entitled to notice of all
proceedings affecting the same.
If a defendant has any objection to the filing of or
the allegations in the complaint, or any objection or defense to the
taking of his property, he shall serve his answer within the time stated
in the summons. The answer shall specifically designate or identify the
property in which he claims to have an interest, state the nature and
extent of the interest claimed, and adduce all his objections and
defenses to the taking of his property. No counterclaim, cross-claim or
third-party complaint shall be alleged or allowed in the answer or any
subsequent pleading.
A defendant waives all defenses and objections not so
alleged but the court, in the interest of justice, may permit
amendments to the answer to be made not later than ten (10) days from
the filing thereof. However, at the trial of the issue of just
compensation whether or not a defendant has previously appeared or
answered, he may present evidence as to the amount of the compensation
to be paid for his property, and he may share in the distribution of the
award. (n)
Section 4. Order of expropriation. — If
the objections to and the defenses against the right of the plaintiff
to expropriate the property are overruled, or when no party appears to
defend as required by this Rule, the court may issue an order of
expropriation declaring that the plaintiff has a lawful right to take
the property sought to be expropriated, for the public use or purpose
described in the complaint, upon the payment of just compensation to be
determined as of the date of the taking of the property or the filing of
the complaint, whichever came first.
A final order sustaining the right to expropriate the
property may be appealed by any party aggrieved thereby. Such appeal,
however, shall not prevent the court from determining the just
compensation to be paid.
After the rendition of such an order, the plaintiff
shall not be permitted to dismiss or discontinue the proceeding except
on such terms as the court deems just and equitable. (4a)
Section 5. Ascertainment of compensation.
— Upon the rendition of the order of expropriation, the court shall
appoint not more than three (3) competent and disinterested persons as
commissioners to ascertain and report to the court the just compensation
for the property sought to be taken. The order of appointment shall
designate the time and place of the first session of the hearing to be
held by the commissioners and specify the time within which their report
shall be submitted to the court.
Copies of the order shall be served on the parties.
Objections to the appointment of any of the commissioners shall be filed
with the court within ten (10) days from service, and shall be resolved
within thirty (30) days after all the commissioners shall have received
copies of the objections. (5a)
Section 6. Proceedings by commissioners.
— Before entering upon the performance of their duties, the
commissioners shall take and subscribe an oath that they will faithfully
perform their duties as commissioners, which oath shall be filed in
court with the other proceedings in the case. Evidence may be introduced
by either party before the commissioners who are authorized to
administer oaths on hearings before them, and the commissioners shall,
unless the parties consent to the contrary, after due notice to the
parties, to attend, view and examine the property sought to be
expropriated and its surroundings, and may measure the same, after which
either party may, by himself or counsel, argue the case. The
commissioners shall assess the consequential damages to the property not
taken and deduct from such consequential damages the consequential
benefits to be derived by the owner from the public use or purpose of
the property taken, the operation of its franchise by the corporation or
the carrying on of the business of the corporation or person taking the
property. But in no case shall the consequential benefits assessed
exceed the consequential damages assessed, or the owner be deprived of
the actual value of his property so taken. (6a)
Section 7. Report by commissioners and judgment thereupon.
— The court may order the commissioners to report when any particular
portion of the real estate shall have been passed upon by them, and may
render judgment upon such partial report, and direct the commissioners
to proceed with their work as to subsequent portions of the property
sought to be expropriated, and may from time to time so deal with such
property. The commissioners shall make a full and accurate report to the
court of all their proceedings, and such proceedings shall not be
effectual until the court shall have accepted their report and rendered
judgment in accordance with their recommendations. Except as otherwise
expressly ordered by the court, such report shall be filed within sixty
(60) days from the date the commissioners were notified of their
appointment, which time may be extended in the discretion of the court.
Upon the filing of such report, the clerk of the court shall serve
copies thereof on all interested parties, with notice that they are
allowed ten (10) days within which to file objections to the findings of
the report, if they so desire. (7a)
Section 8. Action upon commissioners' report.
— Upon the expiration of the period of ten (10) days referred to in the
preceding section, or even before the expiration of such period but
after all the interested parties have filed their objections to the
report or their statement of agreement therewith, the court may, after
hearing, accept the report and render judgment in accordance therewith,
or, for cause shown, it may recommit the same to the commissioners for
further report of facts, or it may set aside the report and appoint new
commissioners; or it may accept the report in part and reject it in part
and it may make such order or render such judgment as shall secure to
the plaintiff the property essential to the exercise of his right of
expropriation, and to the defendant just compensation for the property
so taken. (8a)
Section 9. Uncertain ownership; conflicting claims.
— If the ownership of the property taken is uncertain, or there are
conflicting claims to any part thereof, the court may order any sum or
sums awarded as compensation for the property to be paid to the court
for the benefit of the person adjudged in the same proceeding to be
entitled thereto. But the judgment shall require the payment of the sum
or sums awarded to either the defendant or the court before the
plaintiff can enter upon the property, or retain it for the public use
or purpose if entry has already been made. (9a)
Section 10. Rights of plaintiff after judgment and payment.
— Upon payment by the plaintiff to the defendant of the compensation
fixed by the judgment, with legal interest thereon from the taking of
the possession of the property, or after tender to him of the amount so
fixed and payment of the costs, the plaintiff shall have the right to
enter upon the property expropriated and to appropriate it for the
public use or purpose defined in the judgment, or to retain it should he
have taken immediate possession thereof under the provisions of section
2 hereof. If the defendant and his counsel absent themselves from the
court, or decline to receive the amount tendered, the same shall be
ordered to be deposited in court and such deposit shall have the same
effect as actual payment thereof to the defendant or the person
ultimately adjudged entitled thereto. (10a)
Section 11. Entry not delayed by appeal; effect of reversal.
— The right of the plaintiff to enter upon the property of the
defendant and appropriate the same for public use or purpose shall not
be delayed by an appeal from the judgment. But if the appellate court
determines that plaintiff has no right of expropriation, judgment shall
be rendered ordering the Regional Trial Court to forthwith enforce the
restoration to the defendant of the possession of the property, and to
determine the damages which the defendant sustained and may recover by
reason of the possession taken by the plaintiff. (11a)
Section 12. Costs, by whom paid. — The
fees of the commissioners shall be taxed as a part of the costs of the
proceedings. All costs, except those of rival claimants litigating their
claims, shall be paid by the plaintiff, unless an appeal is taken by
the owner of the property and the judgment is affirmed, in which event
the costs of the appeal shall be paid by the owner. (12a)
Section 13. Recording judgment, and its effect.
— The judgment entered in expropriation proceedings shall state
definitely, by an adequate description, the particular property or
interest therein expropriated, and the nature of the public use or
purpose for which it is expropriated. When real estate is expropriated, a
certified copy of such judgment shall be recorded in the registry of
deeds of the place in which the property is situated, and its effect
shall be to vest in the plaintiff the title to the real estate so
described for such public use or purpose. (13a)
Section 14. Power of guardian in such proceedings. — The guardian or guardian ad litem
of a minor or of a person judicially declared to be incompetent may,
with the approval of the court first had, do and perform on behalf of
his ward any act, matter, or thing respecting the expropriation for
public use or purpose of property belonging to such minor or person
judicially declared to be incompetent, which such minor or person
judicially declared to be incompetent could do in such proceedings if he
were of age or competent. (14a)
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