2016 (Political Law) Bar Exam Questions: Question 9

[Answer/discuss the question below, or see 2016 bar exam Political Law Instructions; 2016 Political Law Questions: 1, 2, 3, 4, 5, 6, 7, 810, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-IX-

The Government, through Secretary Toogoody of the Department of · Transportation (DOTr), filed a complaint for eminent domain to acquire a 1,000- hectare property in Bulacan, owned by Baldomero. The court granted the expropriation, fixed the amount of just compensation, and installed the Government in full possession of the property.

[a] If the Government does not immediately pay the amount fixed by the court as just compensation, can Baldomero successfully demand the return of the property to him? Explain your answer. (2.5%)

[b] If the Government paid full compensation but after two years it abandoned its plan to build an airport on the property, can Baldomero compel the Government to re-sell the property back to him? Explain your answer. (2.5%)

One comment

  1. (a) Yes, Baldomero may demand the return of his property if the delay of payment would constitute Baldomero to wait for ages.

    Article III, Sec. 1 of the Constitution provides that “No person shall be deprived of life, liberty, and PROPERTY without due process of law.”

    Moreover, it is stated in the case that the delay of the Government to fulfill the financial obligation of just compensation for excercising eminent domain on Baldomero’s property shall be constituted as a violation of his rights to due process and has also failed to comply with the essential requisites of eminent domain thereof.

    Therefore, Baldomero may demand the return of his property upon the delay of the Government for the payment and fulfilment of it’s obligation to Baldomero from the time that the court has already fixed the amout for just compensation.

    (b) Yes, Baldomero may compel the Government to re-sell the expropriated property to him if the property is no longer intented for public use.

    The exercise of eminent domain is clearly the taking of one’s private property through expropriation intended of the benefit of the public, and, if, the intention no longer exist and was abandoned, the owner thereof shall have the right to repurchase the property upon his discretion.

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