Amending P.D. No. 464 Regarding The Basis For Payment Of Just Compensation In Expropriation Proceedings
Download as PDF
Download as Word
My Notes
Highlights
New
Collections
Create a New Collection
Overview
Full Text
Details
Case
Agency Issuance Number
Published Date
Amending P.D. No. 464 Regarding The Basis For Payment Of Just Compensation In Expropriation Proceedings
Presidential Decree No. 794
September 4, 1975
Case Overview and Summary
Summary of Presidential Decree No. 794Amending the Basis for Payment of Just Compensation in Expropriation Proceedings
- Modifies Section 92 of Presidential Decree No. 464 (Real Property Tax Code) regarding the basis for determining just compensation when private property is acquired by the government for public use.
- The just compensation shall not exceed:
- The market value declared by the owner or anyone having legal interest in the property, or
- The market value determined by the assessor.
Whichever is lower. (Section 92)
- The purpose is to prevent owners from declaring unreasonably high values in anticipation of expropriation, which would preclude the government from showing the true value of the property under the previous provisions of Section 92 of P.D. No. 464.
- All laws or decrees inconsistent with this Decree are repealed or modified accordingly.
- The Decree took effect immediately upon its issuance on September 4, 1975.
Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
expropriation
just compensation
market value
property owner
legal interest
assessor
public use
private property
government acquisition
real property tax code
presidential decree
Law
Amending P.D. No. 464 Regarding The Basis For Payment Of Just Compensation In Expropriation Proceedings
Presidential Decree No. 794
•September 4, 1975
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 794 September 4, 1975
AMENDING PRESIDENTIAL DECREE NO. 464 REGARDING THE BASIS FOR PAYMENT OF JUST COMPENSATION IN EXPROPRIATION PROCEEDINGS
WHEREAS, where owners of private property are able to anticipate expropriation they declare unreasonably high values which in view of the basis prescribed in Section 92 of P.D. No. 464 (known as the "Real Property Tax Code") often precludes Government from showing the true value of the property;
WHEREAS, to avoid such a situation, it is necessary to amend Section 92 of P.D. No. 464;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree the amendment of Sec. 92, Chapter IX, of Presidential Decree No. 464 as follows:
"CHAPTER IX. SPECIAL PROVISIONS"
"Sec. 92. Basis for payment of just compensation in expropriated proceedings. In determining such compensation when private property is acquired by the government for public use, the same shall not exceed the market value declared by the owner or...
Login to see full content
Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
expropriation
just compensation
market value
property owner
legal interest
assessor
public use
private property
government acquisition
real property tax code
presidential decree
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 794 September 4, 1975
AMENDING PRESIDENTIAL DECREE NO. 464 REGARDING THE BASIS FOR PAYMENT OF JUST COMPENSATION IN EXPROPRIATION PROCEEDINGS
WHEREAS, where owners of private property are able to anticipate expropriation they declare unreasonably high values which in view of the basis prescribed in Section 92 of P.D. No. 464 (known as the "Real Property Tax Code") often precludes Government from showing the true value of the property;
WHEREAS, to avoid such a situation, it is necessary to amend Section 92 of P.D. No. 464;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree the amendment of Sec. 92, Chapter IX, of Presidential Decree No. 464 as follows:
"CHAPTER IX. SPECIAL PROVISIONS"
"Sec. 92. Basis for payment of just compensation in expropriated proceedings. In determining such compensation when private property is acquired by the government for public use, the same shall not exceed the market value declared by the owner or...
Login to see full content