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CITY OF MANILA v. SERRANO

This case has been cited 5 times or more.

	GR No. 177611 2012-04-18	REPUBLIC v. RODOLFO L. LEGASPI PEREZ, J.
Expropriation or the exercise of the power of eminent domain is the inherent right of the state and of those entities to which the power has been lawfully delegated to condemn private property to public use upon payment of just compensation.[31] Governed by Rule 67 of the Rules of Court, the proceedings therefor consist of two (2) stages: (a) the condemnation of the property after it is determined that its acquisition will be for a public purpose or public use; and, (b) the determination of just compensation to be paid for the taking of private property to be made by the court with the assistance of not more than three commissioners.[32] The nature of these two stages was discussed in the following wise in the case of Municipality of Biñan vs. Judge Garcia,[33] to wit: 1. There are two (2) stages in every action for expropriation. The first is concerned with the determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the context of the facts involved in the suit. It ends with an order, if not of dismissal of the action, "of condemnation declaring that the plaintiff has a lawful right to take the property sought to be condemned, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of the date of the filing of the complaint." An order of dismissal, if this be ordained, would be a final one, of course, since it finally disposes of the action and leaves nothing more to be done by the Court on the merits. So, too, would an order of condemnation be a final one, for thereafter, as the Rules expressly state, in the proceedings before the Trial Court, "no objection to the exercise of the right of condemnation (or the propriety thereof) shall be filed or heard.
	GR No. 168967 2010-02-12	CITY OF ILOILO v. LOLITA CONTRERAS-BESANA DEL CASTILLO, J.
Expropriation proceedings have two stages. The first phase ends with an order of dismissal, or a determination that the property is to be acquired for a public purpose.[32] Either order will be a final order that may be appealed by the aggrieved party.[33] The second phase consists of the determination of just compensation. [34] It ends with an order fixing the amount to be paid to the landowner. Both orders, being final, are appealable.[35]
	GR NO. 166429 2005-12-19	REPUBLIC v. HENRICK F. GINGOYON TINGA, J.
The case[15] was raffled to Branch 117 of the Pasay City RTC, presided by respondent judge Hon. Henrick F. Gingoyon (Hon. Gingoyon). On the same day that the Complaint was filed, the RTC issued an Order[16] directing the issuance of a writ of possession to the Government, authorizing it to "take or enter upon the possession" of the NAIA 3 facilities. Citing the case of City of Manila v. Serrano,[17] the RTC noted that it had the ministerial duty to issue the writ of possession upon the filing of a complaint for expropriation sufficient in form and substance, and upon deposit made by the government of the amount equivalent to the assessed value of the property subject to expropriation. The RTC found these requisites present, particularly noting that "[t]he case record shows that [the Government has] deposited the assessed value of the [NAIA 3 facilities] in the Land Bank of the Philippines, an authorized depositary, as shown by the certification attached to their complaint." Also on the same day, the RTC issued a Writ of Possession. According to PIATCO, the Government was able to take possession over the NAIA 3 facilities immediately after the Writ of Possession was issued.[18]
	GR No. 154614 2004-11-25	CITY OF ILOILO v. JUDGE EMILIO LEGASPI CHICO-NAZARIO, J.
The requisites for authorizing immediate entry are as follows: (1) the filing of a complaint for expropriation sufficient in form and substance; and (2) the deposit of the amount equivalent to fifteen percent (15%) of the fair market value of the property to be expropriated based on its current tax declaration.[31] Upon compliance with these requirements, the issuance of a writ of possession becomes ministerial.[32]
	GR No. 154411 2003-06-19	NATIONAL HOUSING AUTHORITY v. HEIRS OF ISIDRO GUIVELONDO YNARES-SANTIAGO, J.
Expropriation proceedings consists of two stages: first, condemnation of the property after it is determined that its acquisition will be for a public purpose or public use and, second, the determination of just compensation to be paid for the taking of private property to be made by the court with the assistance of not more than three commissioners.[28] Thus:There are two (2) stages in every action for expropriation. The first is concerned with the determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the context of the facts involved in the suit. It ends with an order, if not of dismissal of the action, "of condemnation declaring that the plaintiff has a lawful right to take the property sought to be condemned, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of the date of the filing of the complaint." An order of dismissal, if this be ordained, would be a final one, of course, since it finally disposes of the action and leaves nothing more to be done by the Court on the merits. So, too, would an order of condemnation be a final one, for thereafter, as the Rules expressly state, in the proceedings before the Trial Court, "no objection to the exercise of the right of condemnation (or the propriety thereof) shall be filed or heard."