Question & AnswerQ&A (Act No. 294)
Act No. 294 authorizes the government to condemn private personal property and property that is partly personal and partly real for public use.
The Government of the Philippine Islands, any province or department thereof, and any municipality are granted the right to exercise eminent domain.
Act No. 294 refers to sections 241 to 253 of Act No. 190, which is the Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands, for the procedure of exercising eminent domain.
Three judicious and disinterested residents of the province or city where the property is located are appointed as commissioners for the condemnation process.
No, the commissioners shall assess only the actual value of the personal property taken and used, and no consequential damages are allowed to be awarded.
Commissioners must be sworn to perform their duties faithfully, receive evidence, examine the property sought to be condemned, hear the parties or their counsel, and assess the actual value of the property taken.
After the judgment, the plaintiff has the right to take possession of the condemned property and appropriate it for the public use as defined in the judgment, similarly as if it were real estate.
Yes, exceptions to the judgment are allowed like in other proceedings; however, no stay of judgment shall be allowed pending the resolution of such exceptions.
Costs of the action, fees of the commissioners, powers of guardians, and effects on persons not parties to the proceedings are governed by sections 249, 250, 252, and 253 of Act No. 190.
The record must state definitely the particular property and items condemned for public use and specify the nature of the public use. This record effectively vests title of the property to the plaintiff upon payment or tender of payment.