What is important is that the parties are afforded

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Unformatted text preview: ecover debt, demand or damages on a cause of action ex contractu or for a tort or omission of duty. 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 71 UST GOLDEN NOTES 2011 Q: Distinguish eminent domain from destruction from necessity. A: Destruction from necessity Who can exercise May be validly Only authorized undertaken by private public entities or individuals public officials Kind of right Right of self‐defense, self‐preservation, Public right whether applied to persons or to property Requirement No need for conversion; Conversion of no just compensation property taken for but payment in the form public use; payment of damages when of just compensation applicable Beneficiary State/public Private Eminent domain (Gorospe, Constitutional Law: Notes and Readings on the Bill of Rights, Citizenship and Suffrage, Vol. 2) Q: Does the requisite of public use mean “use by the public at large? A: No. Whatever may be beneficially employed for the general welfare satisfies the requirement. Moreover, that only few people benefits from the expropriation does not diminish its public‐use character because the notion of public use now includes the broader notion of indirect public benefit or advantage.(Manosca v. CA, G.R. 166440, Jan. 29, 1996). Q: What is just compensation? A: It is the full and fair equivalent of the property taken from the private owner (owner’s loss) by the expropriator. It is usually the fair market value (FMV) of the property and must include consequential damages (damages to the other interest of the owner attributed to the expropriation) minus consequential benefits (increase in the value of other interests attributed to new use of the former property). Note: FMV is the price...
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This document was uploaded on 03/12/2014.

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