Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1533)
The purpose is to establish a uniform basis for determining just compensation and the amount of deposit for immediate possession of private property involved in eminent domain proceedings in the Philippines.
Just compensation shall not exceed the value declared by the owner or anyone legally interested in the property or the value determined by the assessor under the Real Property Tax Code, whichever is lower, prior to government acquisition decision.
The government or its authorized agency must deposit 10% of the just compensation amount in the Philippine National Bank to gain immediate possession and control of the property, including the power to demolish if necessary, even while legal proceedings are ongoing.
It applies to the government of the Philippines, its instrumentalities, agencies, or entities acquiring private property for public use through eminent domain.
Yes, the government has the power of demolition of necessary improvements upon immediate possession after the 10% deposit.
PD No. 42, parts of PD No. 76, PD No. 464, PD No. 794, parts of PD No. 1224, PD No. 1259, PD No. 1313, and all inconsistent laws or regulations.
It took effect immediately upon its promulgation on June 11, 1978.
The assessor provides a valuation of the property pursuant to the Real Property Tax Code, which is used to determine just compensation if it is lower than the owner's declared value.
No, possession is given upon filing the petition and depositing 10% of the compensation amount in the Philippine National Bank as required by PD No. 1533.