Uniform Basis for Determining Just Compensation for Possession of Property in Eminent Domain Proceedings

June 11, 1978

PRESIDENTIAL DECREE NO. 1533

ESTABLISHING A UNIFORM BASIS FOR DETERMINING JUST COMPENSATION AND THE AMOUNT OF DEPOSIT FOR IMMEDIATE POSSESSION OF THE PROPERTY INVOLVED IN EMINENT DOMAIN PROCEEDINGS

WHEREAS, there is need to establish a uniform basis for the determination of the just compensation that is to be paid by the government, its instrumentalities, agencies or entities for private property acquired for public use and for a simplified procedure to minimize delay in eminent domain proceedings;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree: acd

SECTION 1.  In determining just compensation for private property acquired through eminent domain proceedings, the compensation to be paid shall not exceed the value declared by the owner or administrator or anyone having legal interest in the property or determined by the assessor, pursuant to the Real Property Tax Code, whichever value is lower, prior to the recommendation or decision of the appropriate Government office to acquire the property.

SECTION 2.  Upon the filing of the petition for expropriation and the deposit in the Philippine National Bank at its main office or any of its branches of an amount equivalent to ten per cent (10%) of the amount of compensation provided in Section 1 hereof, the government or its authorized instrumentality agency or entity shall be entitled to immediate possession, control and disposition of the real property and the improvements thereon, including the power of demolition of necessary, notwithstanding the pendency of the issues before the courts.

SECTION 3.  Presidential Decree No. 42, Section pars. 2 and 3 of PD No. 76, Section 92 of PD No. 464, PD 794, Sections 2 and 3 of PD 1224, Sections 2 and 3 of PD 1259 and Section 1 of PD 1313 and all other acts, decrees, letters of instructions, orders, ordinances or rules and regulations which are inconsistent herewith are hereby repealed, amended or modified accordingly.

SECTION 4.  This Decree shall take effect immediately upon promulgation.

DONE in the City of Manila, this 11th day of June, in the year of Our Lord, Nineteen Hundred and Seventy-Eight. acd

Published in the Official Gazette, Vol. 74 No. 41, 8094-172 Supp., on October 9, 1978.

Published in the Official Gazette, Vol. 74 No. 44, 8651-88 Supp., on October 30, 1978.