Title
Eminent Domain Acquisition Rights Act
Law
Act No. 2249
Decision Date
Feb 11, 1913
A 1913 Philippine law grants the Governor-General, municipalities, and provinces the right to acquire private property for public use through condemnation proceedings, with the Court of First Instance having exclusive jurisdiction over such cases.

Scope of real property and purposes

  • Section 2 authorizes acquisition of real estate by eminent domain for school, cemetery, and park purposes.
  • Section 2 authorizes acquisition for municipal buildings, opening and widening streets, market sites, and public plazas.
  • Section 2 authorizes acquisition for the construction of crematories, artesian wells, and drainage, water supply and sewer systems, and cesspools.
  • Section 2 authorizes acquisition for wharves and piers.

Procedure under prior condemnation law

  • Section 3 provides that the eminent domain right granted in Sections 1 and 2 must be exercised in the manner provided in sections 241 to 253, inclusive, of Act No. 190, as amended.
  • Section 3 incorporates the procedural framework of Act No. 190 for condemnation actions, including the steps and mechanics required there for expropriation.

Immediate entry upon deposit

  • Section 4 provides that when condemnation proceedings are brought under this Act, the plaintiff has the right to enter immediately upon the possession of the land involved.
  • Section 4 conditions immediate entry on deposit by the plaintiff with the provincial treasurer of the value of the land in money, as provisionally and promptly ascertained and fixed by the court having jurisdiction.
  • Section 4 requires the deposited sum to be held by the provincial treasurer subject to the orders and final disposition of the court.
  • Section 4 allows the court to authorize a certificate of deposit in lieu of cash, issued by any depository of the Government of the Philippine Islands, payable on demand in the amount directed by the court.
  • Section 4 directs that after the required deposit is made, the court is empowered and directed, through an appropriate order and writ if necessary, to place the plaintiff in possession of the land.

Uncertain ownership and conflicting claims

  • Section 5 requires the court to order payment into a court-designated distribution mechanism when the true ownership is uncertain and there are conflicting claims or diverse interests in the parcel sought to be condemned.
  • Section 5 applies this payment treatment when the court is satisfied that the real owners have been notified and are before the court.
  • Section 5 provides that after rendering judgment for condemnation and payment of the sum(s) fixed by the court as just compensation, the court must order the sum(s) to be paid to the clerk of the court for the benefit of the persons ultimately adjudged entitled thereto.
  • Section 5 requires that in fixing the compensation, the court must be governed by the rules in Section 244 of Act No. 190.
  • Section 5 provides that when the plaintiff pays the compensation fixed by the judgment, or tenders the amounts fixed and pays the costs, or when the court orders compensation paid into court, the plaintiff may appropriate the land for the public use defined in the judgment.
  • Section 5 makes the clerk of court responsible upon his bond for sums paid into court, and compels the clerk to receive such sums.

Commissioners’ partial reports and phased judgments

  • Section 6 authorizes commissioners appointed under this Act to report on completion of their work with respect to any portion of the lands covered by the petition for expropriation.
  • Section 6 authorizes the court to render judgment on a partial report if it deems it just and reasonable.
  • Section 6 directs commissioners to continue their work on remaining portions and permits the court to continue this procedure until a full report is rendered.

Distribution of funds deposited in court

  • Section 7 grants any party claiming an interest in money paid into court under Section 6 the right to litigate the claim in court.
  • Section 7 requires the court to apportion the deposited sum among various claimants in a way that justice requires.
  • Section 7 authorizes the court to award costs it deems equitable.
  • Section 7 excludes the plaintiff from being a necessary party to proceedings for the distribution of the deposited sum(s).
  • Section 7 provides that the plaintiff is not answerable for costs arising from such litigation.

Exclusive original jurisdiction

  • Section 8 confers on the Court of First Instance of the province where the real property is located exclusive original jurisdiction over condemnation proceedings for a municipality or province, or for the Government of the Philippine Islands.
  • Section 8 requires treating the city of Manila as a province for purposes of determining jurisdiction.

Effectivity

  • Act No. 2249 was enacted on February 11, 1913.

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