Limitations on Property Rights

-The inherent powers of the State are: (a) police power; (b) power of eminent
domain; and (c) power of taxation
-attribute of sovereignty
-methods by which the State interferes with private property
-exercised primarily by the legislature
- necessary and indispensable, the State cannot function without it.
Distinctions between the three:
1. Police power regulates both liberty and property; eminent domain and
taxation ONLY affect property rights
2. Police power and taxation are exercised only by the government; eminent
domain may be exercised by private entities
-the legislature delegates the power to private entities like public
utilities or railroads, and even to individuals for the purpose of
acquiring access to their landlocked land
3. PROPERTY TAKEN IN POLICE POWER is usually noxious or intended for a
noxious purpose and may thus be destroyed (without just compensation);
while in eminent domain and taxation, the property is wholesome and
devoted to public use or purpose
LIMITATIONS: BILL OF RIGHTS: although in some cases the exercise of the
power prevails over specific constitutional guarantees

EMINENT DOMAIN
ART. III, Sec. 1
No person shall be deprived of life, liberty, or property without the due
process of law, nor shall any person be denied equal protection of the laws
ART. III, Sec. 9
Private property shall not be taken for public use without just compensation
Art. 435
No person shall be deprived of his property except by competent authority
and for public use and always upon payment of just compensation.
Should this requirement not first complied with, the courts shall protect, in a
proper case, restore the owner in his possession.
LGC. Sec. 19. Eminent Domain. - A local government unit may, through its
chief executive and acting pursuant to an ordinance, exercise the power of
eminent domain for public use, or purpose or welfare for the benefit of the
poor and the landless, upon payment of just compensation, pursuant to the
provisions of the Constitution and pertinent laws: Provided, however, That
the power of eminent domain may not be exercised unless a valid and
definite offer has been previously made to the owner, and such offer was not
accepted: Provided, further, That the local government unit may immediately
take possession of the property upon the filing of the expropriation
proceedings and upon making a deposit with the proper court of at least
fifteen percent (15%) of the fair market value of the property based on the
current tax declaration of the property to be expropriated: Provided, finally,
That, the amount to be paid for the expropriated property shall be
determined by the proper court, based on the fair market value at the time
of the taking of the property.
-It is also known as the power of expropriation
-As distinguished from Police power:
Police power is the power of the State to promote public welfare by
restraining and regulating the use of liberty and property
Eminent domain is the inherent right of the State to condemn private
property to public use upon payment of just compensation
-INHERENT and need not be granted by the Constitution
-Sec 9 of Art. III mandated that private property shall not be taken for
public use without just compensation is merely imposes a limit on the
governments exercise of its power and provides a measure of
protection to the individuals right to property

Due process of law: no person may be deprived of his property without due
process of law
- There must be (1) appropriate expropriation proceedings and (2)
payment of indemnity
- Strictly in favor of landowners: seizure and occupation of property
without first serving process on the owners or occupants is so gross a
violation that no claim by the corporation can be heard by way of
defense to an action for damages for the unlawful trespass

REQUISITES OF EMINENT DOMAIN

1. Power must be exercised by competent authority such as:
a. National Government
b. Provincial Government
c. The Municipal Government
d. Persons or entities engaged in developing and exploiting mineral
resources
e. Persons or entities engaged in businesses affected with public
interest and specifically empowered under their charter (ex.
MERALCO; PLDT)
2. For public use:
a. Public use is a legislative and judicial question
i. If the legislature had specifically granted the expropriation
of a certain or particular parcel of land for some specified
public purpose, the courts cannot question it
ii. If the legislature conferred general authority to take the
land for public use, necessity for the expropriation is an
issue which is competent for the courts to decide
b. Requirement: reasonable necessity of the taking for the purpose
in view
3. Upon payment of just compensation. This compensation is determined

a. As of the time of the taking

b. Just compensation: By taking into consideration the market
value which is the value that the property will bring when it is
offered for sale by one who desires but is not obliged to sell it,
and is bought by one who is under no necessity of having it, plus
the consequential damages, if any, minus the consequential
benefits, if any
c. Proprietary rights, except the right of occupation, are not
affected by the condemnation proceedings until the title has
passed to the petitioner, and that does not occur until the award
of compensation for damages has been satisfied
i. It is a condition precedent to the taking of private property
for use
d. The power of eminent domain may not be used as a shield in
order to avoid the payment of a just and valid contractual
obligation
e. Abandonment of action
f. Termination of use:
if land is expropriated with the condition
that when that purpose ended or abandoned, the property shall
return to its former owner then the former owner requires the
property so expropriated at termination
i. Of landowner was given a fee simple title then the land
becomes absolute property of the expropriator,
POLICE POWER
Art. 436. When any property is condemned or seized by competent authority
in the interest of health, safety, or security, the owner thereof shall not be
entitled to compensation, unless he can show that such condemnation or
seizure is unjustified
-Police power is the power of promoting public welfare by restraining
and regulating the use of liberty and property
-It is the most pervasive, the least limitable, and the most demanding
of the three powers.
-Justification:

1. salus populi est suprema lex: the welfare of the people is the
supreme law
2. sic utere tuo ut alienum non laedas: use what is yours so as to
not harm others
Scope: everything essential to the public safety, health, and morals
and to justify the destruction or abatement, by summary proceedings,
of whatever may be regarded as a public nuisance
IT MAY BE NON-COMPENSABLE
Requisites:
1. It must appear that the interests of the public generally (not just
those of a particular class, require such interference)
2. That the means are reasonably necessary for the accomplishment
of a purpose and not unduly offensive upon individuals
Section 20. Reclassification of Lands. (a) A city or municipality may, through an ordinance passed by the
sanggunian after conducting public hearings for the purpose, authorize the
reclassification of agricultural lands and provide for the manner of their
utilization or disposition in the following cases: (1) when the land ceases to
be economically feasible and sound for agricultural purposes as determined
by the Department of Agriculture or (2) where the land shall have
substantially greater economic value for residential, commercial, or industrial
purposes, as determined by the sanggunian concerned: Provided, That such
reclassification shall be limited to the following percentage of the total
agricultural land area at the time of the passage of the ordinance:
(1) For highly urbanized and independent component cities, fifteen percent
(15%);
(2) For component cities and first to the third class municipalities, ten
percent (10%); and
(3) For fourth to sixth class municipalities, five percent (5%): Provided,
further, That agricultural lands distributed to agrarian reform beneficiaries
pursuant to Republic Act Numbered Sixty-six hundred fifty-seven (R.A. No.
6657). otherwise known as "The Comprehensive Agrarian Reform Law", shall
not be affected by the said reclassification and the conversion of such lands
into other purposes shall be governed by Section 65 of said Act.
(b) The President may, when public interest so requires and upon
recommendation of the National Economic and Development Authority,
authorize a city or municipality to reclassify lands in excess of the limits set
in the next preceding paragraph.
(c) The local government units shall, in conformity with existing laws,
continue to prepare their respective comprehensive land use plans enacted
through zoning ordinances which shall be the primary and dominant bases
for the future use of land resources: Provided. That the requirements for food
production, human settlements, and industrial expansion shall be taken into

consideration in the preparation of such plans.

(d) Where approval by a national agency is required for reclassification, such
approval shall not be unreasonably withheld. Failure to act on a proper and
complete application for reclassification within three (3) months from receipt
of the same shall be deemed as approval thereof.
(e) Nothing in this Section shall be construed as repealing, amending, or
modifying in any manner the provisions of R.A. No. 6657.
Section 447. Powers, Duties, Functions and Compensation. (a) The sangguniang bayan, as the legislative body of the municipality, shall
enact ordinances, approve resolutions and appropriate funds for the general
welfare of the municipality and its inhabitants pursuant to Section 16 of this
Code and in the proper exercise of the corporate powers of the municipality
as provided for under Section 22 of this Code, and shall:
(4) Regulate activities relative to the use of land, buildings and structures
within the municipality in order to promote the general welfare and for said
purpose shall:
(i) Declare, prevent or abate any nuisance;
(ii) Require that buildings and the premises thereof and any land within the
municipality be kept and maintained in a sanitary condition; impose
penalties for any violation thereof, or upon failure to comply with said
requirement, have the work done and require the owner, administrator or
tenant concerned to pay the expenses of the same; or require the filling up
of any land or premises to a grade necessary for proper sanitation;
(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics
and other similar establishments;
(iv) Regulate the establishment, operation and maintenance of cafes,
restaurants, beerhouses, hotels, motels, inns, pension houses, lodging
houses, and other similar establishments, including tourist guides and
transports;
(v) Regulate the sale, giving away or dispensing of any intoxicating malt,
vino, mixed or fermented liquors at any retail outlet;
(vi) Regulate the establishment and provide for the inspection of steam
boilers or any heating device in buildings and the storage of inflammable and
highly combustible materials within the municipality;
(vii) Regulate the establishment, operation, and maintenance of
entertainment or amusement facilities, including theatrical performances,
circuses, billiards pools, public dancing schools, public dance halls, sauna
baths, massage parlors, and other places of entertainment or amusement;
regulate such other events or activities for amusement or entertainment,
particularly those which tend to disturb the community or annoy the
inhabitants, or require the suspension or suppression of the same; or,
prohibit certain forms of amusement or entertainment in order to protect the
social and moral welfare of the community;
(viii) Provide for the impounding of stray animals; regulate the keeping of
animals in homes or as part of a business, and the slaughter, sale or

disposition of the same; and adopt measures to prevent and penalize cruelty
to animals; and
(ix) Regulate the establishment, operation, and maintenance of funeral
parlors and the burial or cremation of the dead, subject to existing laws,
rules and regulations.
Section 468. Powers, Duties, Functions and Compensation.
(a) The sangguniang panlalawigan, as the legislative body of the
province, shall enact ordinances, approve resolutions and appropriate
funds for the general welfare of the province and its inhabitants
pursuant to Section 16 of this Code in the proper exercise of the
corporate powers of the province as provided for under Section 22 of
this Code, and shall:
(2) Generate and maximize the use of resources and revenues for the
development plans, program objectives and priorities of the province
as provided for under Section 18 of this Code, with particular attention
to agro-industrial development and country-wide growth and progress
and relative thereto, shall:
(vi) Prescribe reasonable limits and restraints on the use of
property within the jurisdiction of the province;

Art. 431. The owner of a thing cannot make use thereof in such
manner as to injure the rights of a third person. (n)

Art. 432. The owner of a thing has no right to prohibit the

interference of another with the same, if the interference is
necessary to avert an imminent danger and the threatened
damage, compared to the damage arising to the owner from
the interference, is much greater. The owner may demand from
the person benefited indemnity for the damage to him. (n)