Dear PAO,
In 2010, our property was taken by the government, and was used as part of the road widening project back then. A court order directing the government to pay us the just compensation already attained its finality way back in 2012. Unfortunately, until now despite repeated demands, we have yet to receive the just compensation for our property. Can we request the return of the property, or should we just pursue our claims for just compensation?
Ariane
Dear Ariane,

The lawful taking of private property by the government to be used for public purposes is one of the inherent powers of the state, known as the power of Eminent Domain. This power is subject to a limitation enshrined in Section 9, Article III of the 1987 Philippine Constitution: “Private property shall not be taken for public use without just compensation. It is a settled rule that title to the property expropriated shall pass from the owner to the expropriator only upon full payment of the just compensation.”
In the case of Evergreen Manufacturing Corporation v. Republic of the Philippines (GR 218628, Sept. 6, 2017, Ponente: Associate Justice Antonio Carpio), the Supreme Court expounds the concept of just compensation as:

“As the full and fair equivalent of the property taken from its owner by the expropriator. The Court repeatedly stressed that the true measure is not the taker’s gain but the owner’s loss. The word ‘just’ is used to modify the meaning of the word ‘compensation’ to convey the idea that the equivalent to be given for the property to be taken shall be real, substantial, full and ample.”
Payment of just compensation does not only focus on the rightful amount of compensation but also on the timeliness of payment to answer for whatever loss the property owner would suffer as a result of the expropriation. Any delay to the payment of compensation would not render it as “Just” which will run counter to the constitutional limitation on expropriation of property that calls for the payment of just compensation. Now, if that is the case, would that warrant the return of the property to the private owner? The same was explained by the Supreme Court in the case of Republic of the Philippines, et al. v. Vicente Lim (GR 161656, June 29, 2005, Ponente: Associate Justice Angelina Sandoval-Gutierrez):

“When the state wields its power of eminent domain, there arises a correlative obligation on its part to pay the owner of the expropriated property a just compensation. If it fails, there is a clear case of injustice that must be redressed.
“In summation, while the prevailing doctrine is that ‘the non-payment of just compensation does not entitle the private landowner to recover possession of the expropriated lots, however, in cases where the government failed to pay just compensation within five (5) years from the finality of the judgment in the expropriation proceedings, the owners concerned shall have the right to recover possession of their property.’ This is in consonance with the principle that ‘the government cannot keep the property and dishonor the judgment.’ To be sure, the five-year period limitation will encourage the government to pay just compensation punctually. This is in keeping with justice and equity. After all, it is the duty of the government, whenever it takes property from private persons against their will, to facilitate the payment of just compensation.”

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our application 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]