QuestionsQuestions (PRESIDENTIAL DECREE NO. 1533)
To establish a uniform basis for determining just compensation in eminent domain and to provide a simplified procedure for the amount of deposit required for immediate possession of property involved in eminent domain proceedings.
The compensation to be paid shall not exceed the value declared by the owner/administrator or anyone with legal interest, or determined by the assessor under the Real Property Tax Code, whichever value is lower, prior to the recommendation or decision of the appropriate government office to acquire the property.
It refers to the lower between (1) the value declared by the owner/administrator or person with legal interest and (2) the value determined by the assessor pursuant to the Real Property Tax Code.
It limits the valuation basis to amounts known before the appropriate government office recommends or decides to acquire the property, preventing later, possibly higher valuations from controlling the compensation ceiling under PD 1533.
It must file the petition for expropriation and deposit in the Philippine National Bank (PNB) at its main office or any of its branches an amount equivalent to 10% of the compensation provided in Section 1.
Ten percent (10%) of the amount of compensation provided in Section 1 (i.e., computed based on the Section 1 ceiling/valuation rule).
It becomes entitled to immediate possession, control, and disposition of the real property and the improvements thereon.
Yes. Section 2 explicitly allows demolition of necessary improvements notwithstanding the pendency of the issues before the courts.
It requires both: filing of the petition and the PNB deposit of 10% of the Section 1 compensation ceiling.
In the Philippine National Bank (PNB) at its main office or any of its branches.
PD 1533 repeals, amends, or modifies enumerated provisions of PD No. 42, PD No. 76, PD No. 464, PD 794, PD 1224, PD 1259, PD 1313, and other inconsistent issuances.
It indicates that inconsistent earlier laws/regulations are no longer controlling to the extent of inconsistency; PD 1533 becomes the governing rule.
It took effect immediately upon promulgation.
The applicable ceiling is the lower of the owner’s declared value (or administrator’s value / person with legal interest) and the assessor’s value determined under the Real Property Tax Code.
Because the decree aims to minimize delay by allowing the government to take possession after meeting the petition-and-deposit requirement, even while judicial issues remain unresolved.