This case has been cited 1 times or more.
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2005-11-29 |
TINGA, J. |
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| Although the said provision survived the challenge of being discriminatory, the Court, inferring from the twin cases of J.M. Tuason & Co., Inc. v. Court of Appeals, et al. and Republic of the Philippines v. J.M. Tuason & Co., Inc., et. al.,[29] imposed guidelines for its implementation, such that an ejectment proceeding cannot be barred or suspended under Republic Act No. 2616 unless an action for expropriation is actually filed; the government takes possession of the land; and coetaneous payment of just compensation is made.[30] The Court explained in Familara v. J.M. Tuason,[31] thus:Definitely, to hold that the mere declaration of an intention to expropriate, without instituting the corresponding proceeding therefor before the courts, with assurance of just compensation, would already preclude the exercise by the owner of his rights of ownership over the land, or bar the enforcement of any final ejectment order that the owner may have obtained against any intruder into the land, is to sanction an act which is indeed confiscatory and therefore offensive to the Constitution. For it must be realized that in a condemnation case, it is from the condemnor's taking possession of the property that the owner is deprived of the benefits of ownership, such as possession, management and disposition thereof. Before that time, the proprietary right of the owner over his property must be recognized. | |||||