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    Assignement No 5 Political Law

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    Richard Conrad Foronda Salango
    The document discusses two cases regarding just compensation for a property taken by the government. In the first case, the government took possession of a property in 2005 without expropriation proceedings. The owner sued in 2015 demanding return of the property or payment of just compensation based on the 2015 value. Just compensation should be based on the 2005 value when possession was taken. In the second case, expropriation proceedings were initiated and compensation awarded in 2005, but possession wasn't taken until 2015. Even if the government offers to pay today, just compensation must be based on the 2005 value when expropriation proceedings first began.

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    Assignement No 5 Political Law

    Uploaded by

    Richard Conrad Foronda Salango
    48 views1 page
    The document discusses two cases regarding just compensation for a property taken by the government. In the first case, the government took possession of a property in 2005 without expropriation proceedings. The owner sued in 2015 demanding return of the property or payment of just compensation based on the 2015 value. Just compensation should be based on the 2005 value when possession was taken. In the second case, expropriation proceedings were initiated and compensation awarded in 2005, but possession wasn't taken until 2015. Even if the government offers to pay today, just compensation must be based on the 2005 value when expropriation proceedings first began.

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    ASSIGNEMENT NO 5 POLITICAL LAW.docx

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    The document discusses two cases regarding just compensation for a property taken by the government. In the first case, the government took possession of a property in 2005 without expropriation proceedings. The owner sued in 2015 demanding return of the property or payment of just compensation based on the 2015 value. Just compensation should be based on the 2005 value when possession was taken. In the second case, expropriation proceedings were initiated and compensation awarded in 2005, but possession wasn't taken until 2015. Even if the government offers to pay today, just compensation must be based on the 2005 value when expropriation proceedings first began.

    Copyright:

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

    Assignement No 5 Political Law

    Uploaded by

    Richard Conrad Foronda Salango
    The document discusses two cases regarding just compensation for a property taken by the government. In the first case, the government took possession of a property in 2005 without expropriation proceedings. The owner sued in 2015 demanding return of the property or payment of just compensation based on the 2015 value. Just compensation should be based on the 2005 value when possession was taken. In the second case, expropriation proceedings were initiated and compensation awarded in 2005, but possession wasn't taken until 2015. Even if the government offers to pay today, just compensation must be based on the 2005 value when expropriation proceedings first began.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    ASSIGNEMENT NO.

    5 POLITICAL LAW
    SALANGO, RICHARD CONRAD F.

    For the road-widening project of the Department of Public Works and Highway (DPWH)
    in Teresa Street, Sta. Mesa, Manila, a vacant lot of one Ms Paluwangin A. Entrada was
    taken possession by the government without an expropriation proceeding in January
    2005. Only in July 2015 that she decided to sue DPWH to demand the return of the
    property to her possession or in case the same is not possible, the payment of the fair
    market value of the lot based on the prevailing rate in 2015.

    a. In which year should just compensation be based? Reason.

    b. Suppose there was an expropriation proceeding initiated by the DPWH in 2005 and the
    court granted by final judgment the petition and the amount of just compensation in the
    same year. However, because of lack of funds to push through with the project, only this
    year that the DPWH became ready to continue the project and was able to take actual
    possession and full control of the lot. If the new administration is prepared to pay the full
    amount of just compensation today, in which year must just compensation be based?
    Reason.

    ANSWER:

    a) Just compensation should be based on the year of the taking of property which is 2005.

    Jurisprudence defined that just compensation is "the fair value of the property as between
    one who receives, and one who desires to sell, fixed at the time of the actual taking by the
    government." This rule holds true when the property is taken before the filing of an
    expropriation suit, and even if it is the property owner who brings the action for
    compensation

    Here, actual possession and taking by the Government over the subject property was
    made on January 2005. Thus, applying the above stated jurisprudence just compensation
    shall be based on the fair market of the value of the lot on the prevailing rates in January
    2005 and not on the actual date of the filing of the complaint in 2015.

    b) Just compensation shall be based on the on the year when expropriation proceedings
    was initiated by the DPWH which is 2005.

    In a similar case held by the Supreme Court, it ruled that that the value of the just
    compensation is to be determined as of the date of the taking of the property or the filing
    of the complaint, whichever came first.

    Here, the filing of the complaint for expropriation by the DPWH came first in 2005
    before its actual taking and possession in 2015. Thus, the initiation of complaint for
    expropriation proceedings in 2005 prior to its actual taking shall be the year on which just
    compensation will be based on.

    Hence, just compensation shall based on the value of the property in 2005 when the
    actual complaint was filed.

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