WHEREAS,
there is need to establish a uniform basis for the determination of the
just compensation that is to be paid by the government, its
instrumentalities, agencies or entities for private property acquired
for public use and for a simplified procedure to minimize delay in
eminent domain proceedings;chanroblesvirtualawlibrary
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: chanroblesvirtualawlibrary
Section 1. In determining just compensation for
private property acquired through eminent domain proceedings, the
compensation to be paid shall not exceed the value declared by the
owner or administrator or anyone having legal interest in the property
or determined by the assessor, pursuant to the Real Property Tax Code,
whichever value is lower, prior to the recommendation or decision of
the appropriate Government office to acquire the property.
Section 2. Upon the filing of the petition for
expropriation and the deposit in the Philippine National Bank at its
main office or any of its branches of an amount equivalent to ten per
cent (10%) of the amount of compensation provided in Section 1 hereof,
the government or its authorized instrumentality agency or entity shall
be entitled to immediate possession, control and disposition of the
real property and the improvements thereon, including the power of
demolition of necessary, notwithstanding the pendency of the issues
before the courts.
Section 3. Presidential Decree No. 42, Section pars.
2 and 3 of PD No. 76, Section 92 of PD No. 464, PD 794, Sections 2 and
3 of PD 1224, Sections 2 and 3 of PD 1259 and Section 1 of PD 1313 and
all other acts, decrees, letters of instructions, orders, ordinances or
rules and regulations which are inconsistent herewith are hereby
repealed, amended or modified accordingly.
Section 4. This Decree shall take effect immediately
upon promulgation.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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