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    Eminent Domain 1

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    Maria Lea Bernadeth Otico
    Eminent domain refers to the power of a sovereign state to take private property for public use, so long as just compensation is provided. This power is inherent to governments and allows them to promote the general welfare by appropriating land for infrastructure projects. The Right-of-Way and Site Acquisition Act now governs how the Philippine government acquires private property for infrastructure through donation, negotiated sale, expropriation, or other legal means. For property owned by corporations, the government must obtain a notarized board resolution authorizing the land transfer. This document focuses on the processes of negotiated sale and expropriation between the government and private landowners.

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    © All Rights Reserved
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    Eminent Domain 1

    Uploaded by

    Maria Lea Bernadeth Otico
    92 views1 page
    Eminent domain refers to the power of a sovereign state to take private property for public use, so long as just compensation is provided. This power is inherent to governments and allows them to promote the general welfare by appropriating land for infrastructure projects. The Right-of-Way and Site Acquisition Act now governs how the Philippine government acquires private property for infrastructure through donation, negotiated sale, expropriation, or other legal means. For property owned by corporations, the government must obtain a notarized board resolution authorizing the land transfer. This document focuses on the processes of negotiated sale and expropriation between the government and private landowners.

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    Eminent domain refers to the power of a sovereign state to take private property for public use, so long as just compensation is provided. This power is inherent to governments and allows them to promote the general welfare by appropriating land for infrastructure projects. The Right-of-Way and Site Acquisition Act now governs how the Philippine government acquires private property for infrastructure through donation, negotiated sale, expropriation, or other legal means. For property owned by corporations, the government must obtain a notarized board resolution authorizing the land transfer. This document focuses on the processes of negotiated sale and expropriation between the government and private landowners.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    92 views1 page

    Eminent Domain 1

    Uploaded by

    Maria Lea Bernadeth Otico
    Eminent domain refers to the power of a sovereign state to take private property for public use, so long as just compensation is provided. This power is inherent to governments and allows them to promote the general welfare by appropriating land for infrastructure projects. The Right-of-Way and Site Acquisition Act now governs how the Philippine government acquires private property for infrastructure through donation, negotiated sale, expropriation, or other legal means. For property owned by corporations, the government must obtain a notarized board resolution authorizing the land transfer. This document focuses on the processes of negotiated sale and expropriation between the government and private landowners.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Eminent Domain

    Eminent domain is the right or power of a sovereign state to appropriate private property to particular
    uses to promote public welfare. It is an indispensable attribute of sovereignty; a power grounded in the
    primary duty of government to serve the common need and advance the general welfare. 1 It is an inherent
    competence of the state. It is essential to a sovereign. Thus, the Constitution does not explicitly define this
    power but subjects it to a limitation: that it be exercised only for public use and with payment of just
    compensation. Whether the use is public or whether the compensation is constitutionally just will be
    determined finally by the courts. However, the manner of its exercise such as which government
    instrumentality can be delegated with the power to condemn, under what conditions, and how may be
    limited by law.2

    The Right-of-Way and Site Acquisition Act (R.A. No. 10752) 3, or the commonly known The Right-of-
    Way Act (ROW Act), now governs the acquisition transactions of the national government agencies (and
    GOCCs) of private properties to be used for national government infrastructure project. As a declaration
    of Policy, R.A. No. 10752 states, “Article III, Section 9 of the Constitution states that private property
    shall not be taken for public use without just compensation. Towards this end, the State shall ensure that
    owners of real property acquired for national government infrastructure projects are promptly paid just
    compensation for the expeditious acquisition of the required right-of-way for the projects.” 4

    The ROW Act prescribes modes of acquiring real properties by the government, as needed. These are:
    1. Donation;
    2. Negotiated Sale;
    3. Expropriation; and
    4. Any other modes as provided by law. 5

    For lands owned by a Corporation or a Partnership, the owner must first present a Notarized Resolution of
    the governing Board, authorizing an officer/s to execute the Deed of Conveyance, and a certified true
    copy of the SEC registration papers, for the acquisition process to proceed either through donation,
    negotiated sale or expropriation.

    In this case, we will only explore the possibility of acquisition through negotiated sale and expropriation.

    1
    National Transmission Corporation v. Oroville Development Corporation, G.R. No. 223366, 1 August 2017.
    2
    National Corporation v. Posada, G.R. No. 191945, 11 March 2015.
    3
    An Act Facilitating the Acquisition of Right-of-Way Site or Location for National Government Infrastructure
    Projects (The Right-of-Way Act), 2000.
    4
    The Right-of-Way Act, Sec. 2.
    5
    Id. Section 4.

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