Can a local government unit take a

property?
BY PERSIDA ACOSTA
JANUARY 06, 2019

 HOME
 /
 LEGAL ADVICE
 /
 DEARPAO
 /
 CAN A LOCAL GOVERNMENT UNIT TAKE A PROPERTY?

Persida Acosta
Dear PAO,
I have been residing in Pasig since birth. Sometime in 2017, the city
government of Pasig wanted to take my property and make the same
as easement for my neighbors. Is it possible for a local government
unit (LGU) to just take my property?
Roy

Dear Roy,
Yes, it is possible. It is emphasized under Section 19 of Republic Act
7160 or the Local Government Code of 1991 that an LGU may
exercise the power of eminent domain, to wit:
“Section 19. Eminent Domain. – A local government unit may,
through its chief executive and acting pursuant to an ordinance,
exercise the power of eminent domain for public use, or purpose or
welfare for the benefit of the poor and the landless, upon payment of
just compensation, pursuant to the provisions of the Constitution and
pertinent laws: Provided, however, That the power of eminent domain
may not be exercised unless a valid and definite offer has been
previously made to the owner, and such offer was not accepted:
Provided, further, That the local government unit may immediately
take possession of the property upon the filing of the expropriation
proceedings and upon making a deposit with the proper court of at
least fifteen percent (15%) of the fair market value of the property
based on the current tax declaration of the property to be expropriated:
Provided, finally, That, the amount to be paid for the expropriated
property shall be determined by the proper court, based on the fair
market value at the time of the taking of the property” (Emphasis
supplied).
Likewise, the Supreme Court in the case of Cresencia Cristobal, et al.
vs. Court of Appeals, Cesar Ledesma Inc., Spouses Jesus C. Pacione
and Lerma B. Pacione (GR 125339, June 22, 1998, Ponente: Associate
Justice Josue Bellosillo) emphasized:
“(T)o be entitled to a compulsory easement of right of way, the
preconditions provided under Arts. 649 and 650 of the Civil Code
must be established. These are: (1) that the dominant estate is
surrounded by other immovables and has no adequate outlet to a
public highway; (2) that proper indemnity has been paid; (3) that the
isolation was not due to acts of the proprietor of the dominant estate;
(4) that the right of way claimed is at a point least prejudicial to the
servient estate and, in so far as consistent with this rule, where the
distance from the dominant estate to a public highway may be the
shortest.”
When eminent domain is exercised by the LGU, the amount to be paid
for the expropriated property shall be determined by the proper court,
based on the fair market value at the time of taking the property. In
your situation, the LGU concerned may immediately take possession
of the property upon the filing of the expropriation proceedings and
upon making a deposit with the proper court of at least 15 percent of
the fair market value of your property based on the current tax
declaration of the property to be expropriated, provided that the same
is for the purpose or welfare of the general public.
We hope that we were able to answer your queries. This advice is
based solely on the facts you have narrated and our appreciation of the
same. Our opinion may vary when other facts are changed or
elaborated.