Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 42)
The main purpose of Presidential Decree No. 42 is to authorize the plaintiff in eminent domain proceedings to take possession of the real property involved upon depositing the assessed value for taxation purposes, thereby expediting the process of acquiring property for public use.
The plaintiff must file a complaint in the proper court for eminent domain proceedings, give due notice to the defendant, and deposit an amount equivalent to the assessed value of the property for taxation purposes with the Philippine National Bank.
The deposit must be made with the Philippine National Bank at its main office or any of its branches or agencies.
The deposit is held by the Philippine National Bank subject to the orders and final disposition of the court.
Yes, this decree repeals the provisions of Rule 67 of the Rules of Court and any other existing laws that are contrary to or inconsistent with it.
The assessed value for taxation purposes is used as the amount the plaintiff must deposit to take possession of the property, serving as a form of security for the property owner until the court makes a final determination.
Upon deposit and notice to the defendant, the plaintiff has the right to take or enter upon the possession of the real property involved, even before the final determination of the case.
The decree was enacted by the executive branch, specifically by the President of the Philippines exercising his powers under the Constitution.
The decree took effect immediately upon its signing on November 9, 1972.