Question & AnswerQ&A (Act No. 2249)
The purpose of Act No. 2249 is to give the Governor-General, municipalities, and provinces the right to acquire real property of private ownership for public uses through condemnation under judicial process, and to confer exclusive original jurisdiction to Courts of First Instance over such proceedings.
The Governor-General is authorized to determine when it is necessary or advantageous to exercise the right of eminent domain on behalf of the Government of the Philippine Islands.
Municipal councils and provincial boards must have the approval of the Governor-General to acquire real estate by eminent domain for specific public purposes such as schools, cemeteries, parks, municipal buildings, streets, markets, plazas, and certain public works.
Real estate can be acquired for school, cemetery, and park purposes; municipal buildings; opening and widening streets; market sites; public plazas; construction of crematories; artesian wells; drainage, water supply and sewer systems; cesspools; wharves; and piers.
The Courts of First Instance of the province where the property is located have exclusive original jurisdiction. For this purpose, the city of Manila is considered a province.
The plaintiff must deposit with the provincial treasurer the value of the land as provisionally fixed by the court, either in money or a government depository certificate payable on demand, after which the court may order delivery of possession to the plaintiff.
If the court finds conflicting claims or uncertain ownership, and the true owners are notified and before the court, it shall order the just compensation to be paid to the court clerk for the benefit of the rightful claimants, who may then litigate their entitlement.
The clerk of court, upon bond, is responsible for the compensation paid into court, must receive it, and will apportion the sum among claimants as justice requires after appropriate legal proceedings.
Yes, commissioners may make partial reports on portions of the land, and the court may render judgment on these partial reports if deemed just and reasonable, allowing commissioners to continue investigating remaining areas.
No, the plaintiff is not a necessary party in proceedings for the distribution of sums paid into court and is not liable for any costs arising from such litigation.