PRESIDENTIAL DECREE NO. 42

Title: PRESIDENTIAL DECREE NO. 42

Date: Nov 9, 1972

Presidential Decree No. 42 expedites the acquisition of property for public purposes through eminent domain proceedings by allowing the plaintiff to take possession upon depositing the assessed value, aiming to create a new social and economic order for the benefit of the country and its people.

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Law Summary

Introduction

Presidential Decree No. 42, issued on November 9, 1972, establishes a more expedient process for plaintiffs in eminent domain proceedings, allowing them to take possession of property upon depositing its assessed value.

Purpose

Legal Principle: The decree aims to facilitate the swift acquisition of property for public purposes, reflecting the national interest and the need for social and economic reforms.
Context: The existing procedures were deemed insufficiently expeditious, prompting this decree to streamline the process.

Authority

Issuing Authority: Ferdinand E. Marcos, as President of the Philippines, issued this decree under the powers vested by the Constitution and related proclamations.
Legal Backing: The decree is part of the law of the land, following Proclamation No. 1081 and General Order No. 1.

Right to Take Possession

Legal Provision: Plaintiffs may take possession of the property upon filing a complaint in the proper court.
Notification Requirement: Due notice must be provided to the defendant prior to taking possession.

Deposit Requirement

Key Definition: The assessed value refers to the valuation of the property for taxation purposes.
Procedure: Plaintiffs must deposit with the Philippine National Bank an amount equivalent to the assessed value.
- Deposit Locations: Funds should be held at the bank's main office or any branch or agency.
- Court's Role: The deposited amount will be subject to the orders and final disposition of the court.

Repeal of Existing Rules

Rule Repeal: The provisions of Rule 67 of the Rules of Court and any inconsistent existing laws are repealed.
Implication: This creates a new standard for eminent domain proceedings, superseding prior regulations.

Effectivity

Immediate Effect: The decree takes effect immediately upon issuance.

Key Takeaways

Presidential Decree No. 42 modernizes the process for exercising eminent domain in the Philippines.
It allows for immediate possession of property by plaintiffs upon depositing the assessed value with the Philippine National Bank.
The decree repeals previous laws that conflicted with its provisions, establishing a streamlined legal framework for eminent domain.
This law emphasizes the national interest in facilitating public projects and reforms.

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