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PRESIDENTIAL DECREE NO. 42
PRESIDENTIAL DECREE NO. 42 -
AUTHORIZING THE PLAINTIFF IN EMINENT DOMAIN PROCEEDINGS TO TAKE THE
POSSESSIONS OF THE PROPERTY INVOLVED UPON DEPOSITING THE ASSESSED
VALUE, FOR PURPOSE OF TAXATION
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WHEREAS, the existing procedure for the
exercise of the right of eminent domain is not expeditious enough to
enable the plaintiff to take or enter upon the possession of the real
property involved as soon as possible, when needed for public
purposes; chanroblesvirtualawlibrary
WHEREAS, this measure is in the national interest, in order to effect
the desired changes and reforms to create a new social and economic
order for the benefit of the country and its people.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as the
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972 and General
Order No. 1, dated September 22, 1972, as amended do hereby decree and
order as part of the law of the land that, upon filing in the proper
court of the complaint in eminent domain proceedings or at anytime
thereafter, and after due notice to the defendant, plaintiff shall have
the right to take or enter upon the possession of the real property
involved if he deposits with the Philippine National Bank, in its main
office or any of its branches or agencies, an amount equivalent to the
assessed value of the property for purposes of taxation, to be held by
said bank subject to the orders and final disposition of the
court. chanroblesvirtualawlibrary
The provisions of Rule 67 of the Rules of Court and of any other
existing law contrary to or inconsistent herewith are hereby repealed.
The Decree shall take effect immediately.
Done in the City of Manila,
this 9th day of November, in the year of Our Lord, nineteen hundred and
seventy-two.
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