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Masacayantheenacmartinez 75 ust golden notes 2011 5 6

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Unformatted text preview: fixed by the parties willing but not compelled to enter into a contract of sale. Q: Does compensation have to be paid in money? A: GR: Yes. 72 XPN: In cases involving CARP, compensation may be in bonds or stocks, for it has been held as a non‐traditional exercise of the power of eminent domain. It is not an ordinary expropriation where only a specific property of relatively limited area is sought to be taken by the State from its owner for a specific and perhaps local purpose. It is rather a revolutionary kind of expropriation (Association of Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform, G.R. No. 78742, 14 July 1989). Q: When should assessment of the value of the property be determined? A: The value of the property must be determined either at the time of taking or filing of the complaint, whichever comes first.(EPZA v. Dulay, G.R. No. 59603, April 29, 1987). Q: Does non‐payment of just compensation entitle the private owner to recover possession of the expropriated property? A: GR: Non‐payment by the government does not entitle private owners to recover possession of the property because expropriation is an in rem proceeding, not an ordinary sale, but only entitle them to demand payment of the fair market value of the property. XPNS: 1. When there is deliberate refusal to pay just compensation 2. Government’s failure to pay compensation within 5 years from the finality of the judgment in the expropriation proceedings. This is in connection with the principle that the government cannot keep the property and dishonor the judgment. (Republic v. Lim, G.R. No. 161656, June 29, 2005) Q: Is the owner entitled to the payment of interest? How about reimbursement of taxes paid on the property? A: Yes, the owner is entitled to the payment of interest from the time of taking until just compensation is actually paid to him. Taxes paid by him from the time of the taking until the transfer of title (which can only be done after actual payment of just compensation), during which he did not enjoy any beneficial use of the property, ar...
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