Title
Supreme Court
Eminent Domain over Personal Property
Law
Act No. 294
Decision Date
Nov 5, 1901
A Philippine law passed in 1901 grants the government the authority to condemn private personal property and property that is partly personal and partly real for public use, following specific procedures and appointing commissioners to assess the value of the condemned property.

Law Summary

Appointment and Qualifications of Commissioners

  • Condemnation commissioners shall be three unbiased and judicious residents of the province where the property is located.
  • If within the city of Manila, commissioners must be residents of Manila.
  • These commissioners are appointed as per the procedures established in the applicable sections of the Civil Procedure Code.

Duties and Powers of Commissioners

  • Commissioners are required to be sworn in to perform their duties faithfully.
  • Their responsibilities include receiving evidence, examining the property, hearing all parties or their counsel, and assessing the value of the property.
  • For personal property, only the actual value is assessed; consequential damages to the owner are not considered.

Reporting and Court Action

  • Commissioners must submit a report in accordance with Civil Procedure Code's requirements.
  • The court reviews and acts upon the commissioners’ report following the procedures set for eminent domain involving real estate.
  • The same rules apply equally to personal and partly personal/partly real property.

Execution of Judgment and Possession

  • Upon the court’s judgment of condemnation, the plaintiff obtains the right to take possession of the property.
  • The plaintiff must appropriate the property to the public use as defined in the judgment.
  • The process for possession is analogous to that for condemned real estate.

Exceptions and Appeals

  • Exceptions (appeals) to the court’s judgment are allowed as in other legal proceedings.
  • No stay of judgment is permitted while exceptions are being considered.
  • Provisions regarding the effect of exceptions follow those established for real estate cases.

Legal Costs and Effects on Third Parties

  • Costs of the condemnation action, including commissioners’ fees and powers of guardians, are governed by specified sections of the Civil Procedure Code.
  • The condemnation action’s impact on individuals not involved as parties and those without proper notice is regulated similarly to real estate proceedings.

Content and Effect of Final Judgment

  • The final judgment must clearly specify the condemned property and the nature of its public use.
  • Payment or tender of the awarded amount vests title in the plaintiff (the condemning authority).
  • The judgment serves as conclusive proof of the transfer of title for the described property.

Expediency of Enactment and Taking Effect

  • The law’s passage was expedited due to the urgency of the public good.
  • The Act took effect immediately upon its passage on November 5, 1901.

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