Rights of Municipalities and Provinces in Eminent Domain
- Municipal councils and provincial boards may acquire private real estate through eminent domain for specific public uses.
- Uses include schools, cemeteries, parks, municipal buildings, streets, markets, public plazas, crematories, artesian wells, drainage, water supply, sewer systems, cesspools, wharves, and piers.
- Acquisition is subject to approval of the Governor-General.
Procedural Compliance with Existing Laws
- Eminent domain proceedings must adhere to procedures outlined in Sections 241 to 253 of Act No. 190, as amended.
- This ensures conformity with established rules on condemnation.
Immediate Possession upon Deposit of Compensation
- Plaintiff may take immediate possession of condemned land upon deposit of the court-fixed provisional value with the provincial treasurer.
- Deposit may be made through cash or a government certificate of deposit payable on demand.
- The provincial treasurer holds the deposit subject to the court's orders.
- Court may issue writs to place the plaintiff in possession after the deposit.
Handling of Conflicting Claims and Uncertain Ownership
- When ownership is disputed or multiple claims exist, and real owners are notified and before the court, the court may order payment into court.
- The funds are paid to the clerk for the benefit of those ultimately adjudged entitled.
- Compensation amounts are determined under rules in Section 244 of Act No. 190.
- Once compensation is paid or tendered, the plaintiff gains the right to appropriated land for public use.
- The clerk receiving payments into court is responsible under bond.
Partial Reports and Judgments by Commissioners
- Commissioners may submit partial reports concerning portions of the land involved.
- Courts may render judgments on partial reports if just and reasonable.
- Commissioners continue work on remaining land portions until full report completion.
Litigation and Distribution of Funds in Court
- Claimants to money deposited in court may litigate to establish their rights.
- Court apportions deposited sums fairly among claimants and adjudicates costs.
- Plaintiff in condemnation is not required to participate in distribution proceedings and is not liable for costs arising therein.
Exclusive Original Jurisdiction of Courts of First Instance
- Courts of First Instance in the province where the property is located have exclusive original jurisdiction over condemnation proceedings.
- The city of Manila is considered a province for jurisdictional purposes.