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.