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PRESIDENTIAL DECREE NO. 1224
PRESIDENTIAL DECREE NO. 1224 -
DEFINING THE POLICY ON THE EXPROPRIATION OF PRIVATE PROPERTY FOR
SOCIALIZED HOUSING UPON PAYMENT OF JUST COMPENSATION
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WHEREAS, in
the pursuit of the social reform program, there is need to clarify the
basic policies concerning the acquisition by government of private
property for public use after payment of just compensation; chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 76 which requires declaration by sworn
statement of the true value of real property and improvements thereon
as of June 30, 1973, provides that "for purposes of just compensation
in cases of private property acquired by the government for public use,
the basis shall be the current and fair market value declared by the
owner or administrator, or such market value as determined by the
assessor, whichever is lower;"
WHEREAS, there are some doubts raised as to whether the government can
acquire upon payment of just compensation private lands for social
housing for the middle and lower class members of society;chanroblesvirtualawlibrary
WHEREAS, doubts have also been expressed as to the proper valuation to
be followed in the determination of just compensation in expropriation
proceedings:cralaw:red
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree that: chanroblesvirtualawlibrary
1. The term "public use" for purposes of acquisition
by government, either by itself or through any authorized agency or
entity, of any private land and improvements thereon shall include
acquisition for the purpose of socialized housing (the construction of
dwelling units for the middle and lower class members of our society,
including the construction of the supporting infrastructure and other
facilities). chanroblesvirtualawlibrary
2. In the determination of just compensation for such
private lands and improvements to be expropriated, the Government shall
choose between the value of the real property and the improvements
thereon as declared by the owner or administrator thereof from time to
time or the market value as may be determined by the city or provincial
assessor, whichever is lower. chanroblesvirtualawlibrary
3. Upon the filing of the petition for expropriation
and the deposit of the amount of just compensation as provided for
herein, the Government, or its authorized agency or entity, shall
immediately have possession, control and disposition of the real
property and the improvements thereon even pending resolution of the
issues that may be raised whether before the Court of First Instance or
the higher courts.
This Decree shall take effect immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 21st day of October, in the year of Our Lord, nineteen hundred and
seventy-seven.
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