Scribd
Upload
36 views1 page

Republic v. de Castellvi

The Republic of the Philippines sought to expropriate lands owned by Carmen Vda. de Castellvi and Maria Nieves Toledo Gozun for public use, offering P2,000 per hectare, while the owners demanded a higher price. The Supreme Court ruled that the 'taking' of property for eminent domain purposes began only when the expropriation complaint was filed in 1959, not during the earlier lease agreement in 1947. Consequently, the Republic was not liable for compensation prior to the formal taking in 1959.

Uploaded by

Jerry Prongco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
36 views1 page

Republic v. de Castellvi

The Republic of the Philippines sought to expropriate lands owned by Carmen Vda. de Castellvi and Maria Nieves Toledo Gozun for public use, offering P2,000 per hectare, while the owners demanded a higher price. The Supreme Court ruled that the 'taking' of property for eminent domain purposes began only when the expropriation complaint was filed in 1959, not during the earlier lease agreement in 1947. Consequently, the Republic was not liable for compensation prior to the formal taking in 1959.

Uploaded by

Jerry Prongco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

3. Republic v.

De Castellvi

G.R. No. L-20620, 8/15/1974

BARREDO, J.

FACTS

The Republic of the Philippines initiated expropriation proceedings to acquire lands in Floridablanca,
Pampanga, owned by Carmen Vda. de Castellvi and Maria Nieves Toledo Gozun. The Republic aimed to
use these lands for a public purpose and offered P2,000 per hectare, claiming it as fair market value. The
owners contended that their land was residential, not agricultural, and demanded P15.00 per square
meter. The trial court appointed commissioners, who recommended P10.00 per square meter, which the
court adopted. The Republic, however, appealed, arguing that the amount was excessive.

ISSUE

Did the "taking" of the property for purposes of eminent domain commence when the Republic
occupied the land under a lease agreement in 1947, or only when the expropriation complaint was filed
in 1959?

RULING

No, the "taking" of the property for purposes of eminent domain did not commence in 1947 when the
Republic occupied the land under a lease agreement. The Supreme Court held that "taking" occurs only
when the essential elements of eminent domain are met, which include permanent occupation and the
deprivation of the owner's beneficial use of the property. In this case, the occupation under the lease
agreement did not constitute a permanent taking, as the property owners were still receiving rent
payments. The formal "taking" under eminent domain commenced on June 26, 1959, when the Republic
filed the expropriation complaint, signifying its intent to acquire the property permanently. As such,
compensation and other obligations related to eminent domain begin from that date. Thus, the Republic
was not liable for any compensation or interest prior to 1959.

You might also like