QuestionsQuestions (Act No. 2249)
The Governor-General is authorized to determine when it is necessary or advantageous to exercise the right of eminent domain for and in behalf of the Government of the Philippine Islands.
It shall be the duty of the Attorney-General, when directed by the Governor-General, to cause condemnation proceedings to be begun in the court having jurisdiction.
They may acquire real estate by eminent domain (subject to approval of the Governor-General) for: school, cemetery, and park purposes; municipal buildings; opening and widening streets; market sites and public plazas; construction of crematories, artesian wells, drainage, water supply and sewer systems, cesspools, wharves, and piers.
Yes. Municipal councils and provincial boards may exercise the right of eminent domain subject to the approval of the Governor-General.
The right granted shall be exercised in the manner provided in Sections 241 to 253, inclusive, of Act No. 190 (as amended).
The plaintiff may enter immediately upon the possession of the land involved after and upon the deposit with the provincial treasurer of the value of the land in money, as provisionally and promptly ascertained and fixed by the court having jurisdiction.
A sum of money equal to the provisional value fixed by the court is deposited with the provincial treasurer. The deposit is held by the treasurer subject to the orders and final disposition of the court.
Yes. The court may authorize the deposit of a certificate of deposit of any depository of the Government of the Philippine Islands in lieu of cash, payable to the provincial treasurer on demand in the amount directed by the court to be deposited, and subject to the court’s orders.
The court is empowered and directed, by appropriate order and writ if necessary, to place the plaintiff in possession of the land.
If the real owners have been notified and are before the court, then upon judgment for condemnation and for payment of just compensation, the court orders the amounts fixed to be paid to the clerk of court for the benefit of persons ultimately adjudged entitled thereto.
It is ordered paid to the clerk of the court for the benefit of the persons who will ultimately be adjudged entitled to it.
The court shall be governed by the rules laid down in Section 244 of Act No. 190.
After the plaintiff pays the compensation fixed by the judgment to the defendants, or tenders the amounts fixed and pays costs, or if the court orders compensation paid into court.
The clerk of court becomes responsible upon his bond for the amount paid into court and must receive it.
Yes. Commissioners may report upon completion of their work with respect to any portion of the lands covered, and the court may render judgment on such partial report if just and reasonable.
Yes. Commissioners continue their work with respect to the remaining portions and may proceed with partial-to-full reporting until they render a full report.
Any party claiming an interest in the money paid into court may litigate his claim. The plaintiff is not a necessary party to the proceedings for distribution and is not answerable for costs arising from such litigation.
The Court of First Instance of the province where the real property is located has exclusive original jurisdiction. For this purpose, the city of Manila is considered a province.