Amending P.D. No. 464 Re: Basis for Payment of Just Compensation in Expropriation Proceedings
Presidential Decree No. 794, issued on September 4, 1975, amends Section 92 of Presidential Decree No. 464 concerning the payment of just compensation in expropriation proceedings in the Philippines. The amendment aims to prevent property owners from declaring unreasonably high values for their property, which hampers the government's ability to determine fair market value. Under the new provision, compensation for expropriated property cannot exceed the lower of the owner's declared market value or the value assessed by the government. This decree is effective immediately and repeals any inconsistent laws.
Law Information
- Reference Number
- Presidential Decree No. 794
- Date Enacted
- Category
- Presidential Issuances
- Subcategory
- Presidential Decrees
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
September 4, 1975
PRESIDENTIAL DECREE NO. 794
AMENDING PRESIDENTIAL DECREE NO. 464 REGARDING THE BASIS FOR PAYMENT OF JUST COMPENSATION IN EXPROPRIATION PROCEEDINGS
WHEREAS, where owners of private property are able to anticipate expropriation they declare unreasonably high values which in view of the basis prescribed in Section 92 of P.D. No. 464 (known as the "Real Property Tax Code") often precludes Government from showing the true value of the property; casia
WHEREAS, to avoid such a situation, it is necessary to amend Section 92 of P.D. No. 464;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree the amendment of Sec. 92, Chapter IX, of Presidential Decree No. 464 as follows:
"CHAPTER IX. SPECIAL PROVISIONS"
"Sec. 92. Basis for payment of just compensation in expropriated proceedings. In determining such compensation when private property is acquired by the government for public use, the same shall not exceed the market value declared by the owner or administration or anyone having legal interest in the property, or such market value as determined by the assessor, whichever is lower."
All laws or decrees inconsistent with this Decree are hereby repealed or modified accordingly.
This Decree shall take effect immediately.
DONE in the City of Manila, this 4th day of September, in the year of Our Lord, Nineteen Hundred and Seventy-Five.
Cite This Law
Amending P.D. No. 464 Re: Basis for Payment of Just Compensation in Expropriation Proceedings, Presidential Decree No. 794, Sep 4, 1975 (Philippines)
Amending P.D. No. 464 Re: Basis for Payment of Just Compensation in Expropriation Proceedings, Presidential Decree No. 794 (Phil. 1975)
Related Laws
- Uniform Basis for Determining Just Compensation for Possession of Property in Eminent Domain ProceedingsPresidential Decree No. 1533 • Jun 11, 1978 • Presidential Issuances
- Amending Paragraphs 1, 2, and 3 of P.D. No. 1224 Re: Policy on Expropriation of Private Property for Socialized HousingPresidential Decree No. 1259 • Dec 11, 1977 • Presidential Issuances
- Amending Par. 3 of P.D. No. 1224 As Amended Re: Expropriation of Private Property for Socialized HousingPresidential Decree No. 1313 • Mar 20, 1978 • Presidential Issuances
- Defining the Policy on the Expropriation of Private Property for Socialized HousingPresidential Decree No. 1224 • Oct 21, 1977 • Presidential Issuances
- Amending Certain Sections of P.D. No. 464 As Amended (Real Property Tax Code)Presidential Decree No. 1383 • May 25, 1978 • Presidential Issuances
- Amending Section 94 of P.D. No. 464 (Real Property Tax Code)Presidential Decree No. 1002 • Sep 22, 1976 • Presidential Issuances
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