Establishing A Uniform Basis For Determining Just Compensation And The Amount Of Deposit For Immediate Possession Of The Property Involved In Eminent Domain Proceedings

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1533

ESTABLISHING A UNIFORM BASIS FOR DETERMINING JUST COMPENSATION AND THE AMOUNT OF DEPOSIT FOR IMMEDIATE POSSESSION OF THE PROPERTY INVOLVED IN EMINENT DOMAIN PROCEEDINGS

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;

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:

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...

Login to see full content

Summary of Presidential Decree No. 1533

Determining Just Compensation for Eminent Domain Proceedings
- Just compensation shall not exceed the value declared by the owner, administrator, or anyone with legal interest in the property, or the value determined by the assessor under the Real Property Tax Code, whichever is lower. (Section 1)
- This value shall be the basis for compensation prior to the government's decision to acquire the property.

Procedure for Immediate Possession
- Upon filing the expropriation petition and depositing 10% of the compensation amount (based on Section 1) in the Philippine National Bank, the government or its authorized entity shall be entitled to immediate possession, control, and disposition of the real property and improvements, including the power of demolition if necessary. (Section 2)
- This immediate possession is granted despite pending issues before the courts.

Repealed and Modified Laws
- The following laws are repealed, amended, or modified accordingly: (Section 3)
    - Presidential Decree No. 42, Section pars. 2 and 3
    - Presidential Decree No. 76, Section pars. 2 and 3
    - Presidential Decree No. 464, Section 92
    - Presidential Decree No. 794
    - Presidential Decree No. 1224, Sections 2 and 3
    - Presidential Decree No. 1259, Sections 2 and 3
    - Presidential Decree No. 1313, Section 1
    - All other inconsistent acts, decrees, letters of instructions, orders, ordinances, or rules and regulations.

Effectivity
- This Decree shall take effect immediately upon promulgation. (Section 4)