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    Manotok Realty, Inc. V. CLT Realty Development Corporation: Domain. - To Acquire by Purchase, by Negotiation or by

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    Patricia Bautista
    1) The Philippine Tourism Authority filed complaints to expropriate over 282 hectares of land for tourism development purposes. 2) The land owners argued that the expropriation was unconstitutional as there was no specific provision allowing private property to be taken for tourism. They also argued the land was under land reform. 3) The court upheld the expropriation, finding that the revised charter of the Philippine Tourism Authority and Presidential Decree No. 564 provided expressions of national policy allowing private land to be acquired for tourism zone development and other tourism purposes. Deference is given to formulations of national policy in legislation.

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    Manotok Realty, Inc. V. CLT Realty Development Corporation: Domain. - To Acquire by Purchase, by Negotiation or by

    Uploaded by

    Patricia Bautista
    48 views1 page
    1) The Philippine Tourism Authority filed complaints to expropriate over 282 hectares of land for tourism development purposes. 2) The land owners argued that the expropriation was unconstitutional as there was no specific provision allowing private property to be taken for tourism. They also argued the land was under land reform. 3) The court upheld the expropriation, finding that the revised charter of the Philippine Tourism Authority and Presidential Decree No. 564 provided expressions of national policy allowing private land to be acquired for tourism zone development and other tourism purposes. Deference is given to formulations of national policy in legislation.

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    1) The Philippine Tourism Authority filed complaints to expropriate over 282 hectares of land for tourism development purposes. 2) The land owners argued that the expropriation was unconstitutional as there was no specific provision allowing private property to be taken for tourism. They also argued the land was under land reform. 3) The court upheld the expropriation, finding that the revised charter of the Philippine Tourism Authority and Presidential Decree No. 564 provided expressions of national policy allowing private land to be acquired for tourism zone development and other tourism purposes. Deference is given to formulations of national policy in legislation.

    Copyright:

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

    Manotok Realty, Inc. V. CLT Realty Development Corporation: Domain. - To Acquire by Purchase, by Negotiation or by

    Uploaded by

    Patricia Bautista
    1) The Philippine Tourism Authority filed complaints to expropriate over 282 hectares of land for tourism development purposes. 2) The land owners argued that the expropriation was unconstitutional as there was no specific provision allowing private property to be taken for tourism. They also argued the land was under land reform. 3) The court upheld the expropriation, finding that the revised charter of the Philippine Tourism Authority and Presidential Decree No. 564 provided expressions of national policy allowing private land to be acquired for tourism zone development and other tourism purposes. Deference is given to formulations of national policy in legislation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Manotok Realty, Inc. V.

    CLT Realty Development Corporation Held: No, petitioners have also failed to overcome the deference that
    is appropriately accorded to formulations of national policy expressed
    in legislation. The expressions of national policy are found in the
    revised charter of the Philippine Tourism Authority, Presidential
    Heirs of Juancho Ardona V. Reyes Decree No. 564: 2. Acquisition of Private Lands, Power of Eminent
    Domain. — To acquire by purchase, by negotiation or by
    Fact: The Philippine Tourism Authority filed four (4) Complaints with condemnation proceedings any private land within and without the
    the Court of First Instance of Cebu City for the expropriation of some tourist zones for any of the following reasons: (a) consolidation of
    282 hectares of rolling land situated in barangays Malubog and Babag, lands for tourist zone development purposes, (b) prevention of land
    Cebu City, The defendants filed their respective Opposition with speculation in areas declared as tourist zones, (c) acquisition of right
    Motion to Dismiss and/or Reconsideration, manifestation adopting of way to the zones, (d) protection of water shed areas and natural
    the answer. assets with tourism value, and (e) for any other purpose expressly
    authorized under this Decree and accordingly, to exercise the power of
    eminent domain under its own name, which shall proceed in the
    In their motions to dismiss, the petitioners alleged, in addition to the manner prescribed by law and/or the Rules of Court on condemnation
    issue of public use, that there is no specific constitutional provision proceedings. The Authority may use any mode of payment which it
    authorizing the taking of private property for tourism purposes; that may deem expedient and acceptable to the land owners: Provided,
    assuming that PTA has such power, the intended use cannot be That in case bonds are used as payment, the conditions and
    paramount to the determination of the land as a land reform area; that restrictions set forth in Chapter III, Section 8 to 13 inclusively, of this
    limiting the amount of compensation by Legislative fiat is Decree shall apply.
    constitutionally repugnant; and that since the land is under the land
    reform program, it is the Court of Agrarian Relations and not the Court
    of First Instance that has jurisdiction over the expropriation cases.

    The Philippine Tourism Authority having deposited with The


    Philippine National Bank, Cebu City Branch, an amount equivalent to
    10% of the value of the properties pursuant to Presidential Decree No.
    1533. the lower court issued separate orders authorizing PTA to take
    immediate possession of the premises and directing the issuance of
    writs of possession.

    Issue: Whether the actions to expropriate properties are


    constitutionally infirm in the taking of private property for the
    promotion of tourism?

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