Definition of "Public Use" for Expropriation Purposes
- "Public use" includes the acquisition of private land and improvements for socialized housing.
- Socialized housing encompasses the construction of dwellings, supporting infrastructure, and facilities to serve middle and lower-class populations.
Basis for Determining Just Compensation
- Just compensation is based on either:
- The value declared by the property owner or administrator, or
- The market value as determined by the city or provincial assessor.
- The government must choose the lower of these two values.
Possession and Control Upon Filing of Expropriation Petition
- Upon filing of the expropriation petition and deposit of just compensation, the government or authorized agency acquires possession and control of the property.
- This possession is effective even if legal issues remain unresolved before the Court of First Instance or higher courts.
Legal Authority and Effective Date
- The decree is issued under the constitutional powers of the President of the Philippines.
- The decree took effect immediately upon issuance on October 21, 1977.
Key Legal Concepts
- Clarifies the government's authority to expropriate private property for socialized housing.
- Emphasizes protection of owners through payment of just compensation based on an objective valuation method.
- Ensures swift possession and control to facilitate housing projects without undue delays caused by judicial proceedings.