Dear PAO,

My family owns a parcel of land which was taken by the government. My father had been religiously following up for the payment of our property since the previous administration until he met his untimely demise last year. I also tried to collect the payment, however, the concerned government agency merely told me to wait. Do we need to wait for a long period of time in order to be paid for the value of the land?

-Batiatus

Dear Batiatus,

The inherent power of the State to take private property for public use is called the power of eminent domain. This is particularly enshrined in Section 9 of Article III of the 1987 Philippine Constitution, which states that: “Private property shall not be taken for public use without just compensation.”

Still, there are limitations in the exercise of such power, and these were enumerated in Republic of the Philippines and DPWH vs. Estate of Posadas III, et al., GR 214310, Feb. 24, 2020, where the Supreme Court, through Associate Justice Andres Reyes Jr., held that:

“The provision places two express limitations on the power of eminent domain: first, the condemned property must be used for a public purpose, and second, the exercising authority must pay the property owner just compensation. xxx”

Further, as to the required payment of just compensation, the expropriator has no unbridled discretion on when to pay the property owner. The payment must be made without delay. This principle was reiterated in Republic of the Philippines vs. Spouses Nocom, et al., GR 233988, Nov. 15, 2021, penned by Justice Marvic M.V.F Leonen, where the Supreme Court cited an earlier case and confirmed that:

“Apart from the requirement that compensation for expropriated land must be fair and reasonable, compensation, to be ‘just,’ must also be made without delay. Without prompt payment, compensation cannot be considered ‘just’ if the property is immediately taken as the property owner suffers the immediate deprivation of both his land and its fruits or income.

“This is the principle at the core of the present case where the petitioners were made to wait for more than a decade after the taking of their property before they actually received the full amount of the principal of the just compensation due them. What they have not received to date is the income of their landholdings corresponding to what they would have received had no uncompensated taking of these lands been immediately made.

“The owner’s loss, of course, is not only his property but also its income-generating potential. Thus, when property is taken, full compensation of its value must immediately be paid to achieve a fair exchange for the property and the potential income lost.”

Applying the above-cited decision to your situation, the payment of just compensation for the property expropriated contemplates that the same must not only be reasonable and fair, but also timely. It must be made without delay because the property owner will be immediately deprived both of his land and expected income. Thus, you do not need to wait for a long time for the payment of just compensation because it is a requirement that payment must be prompt. If the concerned government agency continues to delay paying, you may seek redress from our courts to demand immediate payment of just compensation.

We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].