Uymemberslawrencepaulohaquinoleandrorodelvatienzamarin

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Unformatted text preview: mployed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals 2. EMINENT DOMAIN Q: What are the conditions for the exercise of the power of eminent domain? A: 1. Taking of private property 2. For public use 3. Just compensation 4. Observance of due process Q: Who exercises the power of eminent domain? A: Congress. However, the following may exercise this power by virtue of a valid delegation: 1. 2. 3. 4. The President of the Philippines Various local legislative bodies Certain public corporations like the Land Authority and National Housing Authority Quasi‐public corporations like the Philippine National Railways Q: Distinguish the between the power of expropriation as exercised by Congress and the power of expropriation as exercised by delegates. A: When exercised by Congress, the power is pervasive and all‐encompassing but when exercised by delegates, it can only be broad as the enabling law and the conferring authorities want it to be. As to the question of necessity, the same is a political question when the power is exercised by Congress. On the other hand, it is a judicial question when exercised by delegates. The courts can determine whether there is genuine necessity for its exercise, as well as the value of the property. Q: What are the requisites for a valid taking? A: PMAPO 1. The expropriator must enter a Private property 2. Entry must be for more than a Momentary period 3. Entry must be under warrant or color of legal Authority 4. Property must be devoted to Public use or otherwise informally appropriated or injuriously affected 5. Utilization of property must be in such a way as to Oust the owner and deprive him of beneficial enjoyment of the property (Republic v. vda. De Castellvi, G.R. No. L‐20620, Aug. 15, 1974) Q: What properties can be taken? A: All private property capable of ownership, including services. Q: What properties cannot be taken? A: Money and choses in action, personal right not reduced in possession but recoverable by a suit at law, right to receive, demand or r...
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This document was uploaded on 03/12/2014.

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