10 DEC. 2016, SAT.

: STUDY GUIDE COVERAGE OF CLASS LESSONS

I.
II.
1.
2.
3.
4.

Reporting of Cases Assigned to specific students.

Graded Recitation EMINENT DOMAIN
Define Eminent Domain.
State the relevant provisions in 1987 Phil. Const. on eminent domain
Who exercises eminent domain?
Can the Court question the necessity, or wisdom of the purpose of the act of eminent

domain enacted by the Legislature?

5. Exception? What are the aspects of the exercise of E.D subjected to judicial review?
Q&A: Manila v. Chinese Community of Manila, 40 Phil. 349
6. Discuss the limitations of eminent domain in general....
7. Who has the burden of proof; how construed vs. private owner, condemnor?
8. How is Eminent domain different from expropriation?
9. What are Essential Requisites in the exercise of Eminent Domain
10. What may be object of eminent domain; what may be expropriated?
11. Can services be expropriated?
Distinguish: Eminent Domain vs. Destruction of property from Necessity or Selfpreservation (Art. 11, Revised Penal Code;
Art. 432 , Civil Code; legal
principle of damage without injury or damnum absque injuria).
12. What is the concept of TAKING in Eminent Domain?
13. Q & A : RP v. Castellvi 58 SCRA 336 what is Taking; essential elements to be valid;
when to reckon taking for purpose of computation, etc.
14. Q & A Cases of TAKING - Eminent Domain: Validity; Discuss SC decisions reasons
a.) Imposition by the city of a Right of Way Easement over a 3-meter strip of land
owned by plaintiff. Valid or not? (Ayala de Roxas v. City of Manila, 9 Phil.
215)
b.)The right of way easement over the land traversed by the transmission lines
does this fall under taking or expropriation? (National Power Corp. v.
Aguirre-Paderanga, 464 SCRA 481)
c.) An exhaust fan is installed in a tunnel for the train to clear the smoke after it
passed. Most of this smoke is blown directly into the house of Mr. Richards,
causing damage. Is this a form of taking ; subject to compensation or not?
(Richards v. Washington Terminal, 233 U.S, 546)
d.)Comelecs resolution directing newspaper to provide free Comelec space of not
less than page for the common use of political parties and candidates. Valid or
not? (Philippine Press Institute v. Commission on Elections, 244 SCRA
272).
e.) Municipal Ordinance Prohibiting construction of any building that would obstruct
the view of the plaza from the highway. Valid or not? (People v. Fajardo,
104 Phil. 443)
III.

NEXT MEETING - 17 DEC. 2016: CONTINUATION OF EMINENT DOMAIN & TAXATION

POWERS [ PUBLIC USE & JUST COMPENSATION & Cases to be assigned]

IV.

REPORTING OF CASES FOR NEXT MEETING: 17 DEC. 2016, Sat., 9 a.m. - 12 noon

1. MEMORIAL PARK v. DSWD Secretary GR 175356 Dec. 3, 2013 (police power, taking, just compensation)
2. FERY v. MUNICIPALITY OF CABANATUAN GR 17540, July 13, 1921
3. MCIAA v. CA, GR 139495 Nov. 27, 2000
4. DE LA PAZ MASIKIP v. JUDGE LEGASPI, GR 136349 Jan. 23, 2006
5. CITY OF BAGUIO v. NAWASA, 106 Phil. 144
6. EPZA v. DULAY, 149 SCRA 305 (1987)
References:
1. Annotated Constitutional Law 2 Books by: Fr. Bernas, or Justice Isagani Cruz
2. SCRA for cases; internet