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Unformatted text preview: t on the selling price; If agreed, contract of sale will be drawn. (Article 35 of LGC IRR) ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 189 UST GOLDEN NOTES 2011 Q: What are the requisites for an authorized immediate entry? A: 1. The filling of a complaint for expropriation sufficient in form and substance 2. The deposit of the amount equivalent to fifteen percent (15%) of the fair market value of the property to be expropriated based on its current tax declaration. (City of Iloilo vs Legaspi: G.R. No. 154614, November 25, 2004) Note: Upon compliance, the issuance of writ of possession becomes ministerial. (City of Iloilo vs Legaspi, G.R. No. 154614, November 25, 2004) Q: What are the two phases of expropriation proceedings? A: 1. The determination of the authority to exercise the power of eminent domain and the propriety of its exercise in the context of the facts involved in the suit. 2. The determination by the court of “just compensation for the property sought to be taken. (Brgy. Son Roque, Talisay, Cebu v. Heirs of Francisco Pastor, G.R. No. 138896, June 20, 2000) Q: May the Sangguniang Panlalawigan validly disapprove a resolution or ordinance of a municipality calling for the expropriation of private property to be made site of a Farmers center and other government sports facilities on the ground that said “expropriation is unnecessary considering that there are still available lots of the municipality for the establishment of a government center”? A: No, 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....
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