Question & AnswerQ&A (Act No. 2826)
The main purpose of Act No. 2826 is to establish additional provisions to Act No. 190 regarding the exercise of the right of eminent domain specifically when it is exercised in favor of the Insular Government or any province or municipality in the Philippines.
Act No. 2826 allows the plaintiff (government) to enter immediately upon the land after depositing with the provincial treasurer the court-fixed value of the land in cash or a certificate of deposit payable on sight to the provincial treasurer.
The Insular Government, any province, or any municipality of the Philippine Islands may exercise the right of eminent domain under Act No. 2826.
The plaintiff must deposit the value of the land in cash or a certificate of deposit from any government depository payable to the provincial treasurer on sight, as previously fixed by the competent court.
The court may order the sum or sums fixed as just compensation to be paid into the court for the benefit of the persons finally adjudged entitled to it, after notifying and allowing the real owners to appear at the hearings.
The plaintiff shall be entitled to appropriate the condemned land to the public use specified in the court's judgment.
The court clerk is liable on his bond for the sum paid and is obligated to receive and hold the money subject to the court's order.
Yes, commissioners can render reports on portions of the land, and the court may pronounce judgment on such partial reports while the commissioners continue work on the remainder.
The person may prosecute his claim in court, which will then distribute the funds among claimants as justice demands and assess costs fairly without liability to the plaintiff.
No, the plaintiff is not necessarily a party and is not liable for the costs of the distribution proceedings.