Policy and purpose statement
- The decree recognizes the need to establish a uniform basis for just compensation payable by government for private property acquired for public use.
- The decree also targets a simplified procedure to minimize delay in eminent domain proceedings.
Uniform basis for just compensation
- Section 1 provides that in determining just compensation for private property acquired through eminent domain proceedings, the compensation to be paid shall not exceed the value that is lowest among the following:
- the value declared by the owner or administrator or anyone having legal interest in the property;
- the value determined by the assessor, pursuant to the Real Property Tax Code.
- Section 1 fixes the relevant comparison as the value before the recommendation or decision of the appropriate Government office to acquire the property.
- Section 1 requires that the government’s compensation figure must be the lower of the values described in Section 1.
Immediate possession through required deposit
- Section 2 provides that upon the filing of the petition for expropriation, and the deposit in the Philippine National Bank (P.N.B.) at its main office or any of its branches, the government gains the right to immediate possession, control and disposition.
- Section 2 requires the deposit to be ten per cent (10%) of the amount of compensation provided in Section 1.
- Section 2 entitles the government or its authorized instrumentality, agency or entity to take possession of:
- the real property; and
- the improvements thereon.
- Section 2 also grants the government the power of demolition of necessary structures, notwithstanding the pendency of the issues before the courts.
Repeal, amendment, and modification of prior issuances
- Section 3 repeals, amends, or modifies all inconsistent provisions of listed laws and decrees, including:
- Presidential Decree No. 42, Section 1, pars. 2 and 3;
- PD No. 76, Section 92;
- PD No. 464;
- PD 794;
- PD 1224, Sections 2 and 3;
- PD 1259, Sections 2 and 3;
- PD 1313, Section 1.
- Section 3 additionally covers all other acts, decrees, letters of instructions, orders, ordinances or rules and regulations that are inconsistent with Presidential Decree No. 1533.
- The repeal/amendment/modification is directed to apply accordingly to the extent of inconsistency.