Digest

MANOTOK v. NHA
J. Gutierrez Jr.
G.R. No. L-55166, May 21, 198
TOPIC: Takings under Eminent Domain cf. Takings under the Social Justice Clause
FACTS: The President issued etters of Instruction instituting a nation!ide slum de"elo#ment and
resettlement #rogram and ado#ting slum im#ro"ement as a national housing #olic$. The %o"ernment of
&etro &anila issued EO '()) identif$ing the Tam*unting Estate and the Sunog(A#og areas as *lighted
communities+ !hich no! fall under its ,onal im#ro"ement #rogram. A fire ra,ed the Tam*unting Estate
and the President -./ declared it !ould *e ac0uiring the #ro#ert$ for the "ictims of the fire1 and -2/
designated the 34A to negotiate for the ac0uisition of the #ro#ert$.
The President issued PD .''5 and PD .')6 !hich declared the aforesaid #ro#erties a##ro#riated. The
34A !rote the 7egistr$ of Deeds of &anila to cancel the titles of the #ro#erties and to issue ne! titles in
its name+ though the 7D refused+ asking for the original OCTs+ as the$ should *e retrie"ed from the
o!ner. The 34A !rote Elisa 7. &anotok+ one of the o!ners of the #ro#ert$+ sa$ing the$ ha"e de#osited
P8& in her account+ P8& each for *oth #ro#erties. &anotok !rote *ack+ 0uestioning the "alues of the
#ro#ert$ assigned *$ the 34A and the constitutionalit$ of aforementioned PDs.
!etito"er# Re#$o"%e"t#
.. A "iolation to their right to due #rocess and
e0ual #rotection *ec *$ the mere #assage of
said decrees+ their #ro#erties !ere
automaticall$ e9#ro#riated and the$ !ere
immediatel$ de#ri"ed of o!nershi# and
#ossession !ithout an$ chance to o##ose
2. %o":t should ha"e filed a com#laint under 7ule
') of the 7OC to fulfil re0uirements of due
#rocess
;. Determination of "alue of #ro#ert$ should not
ha"e *een left solel$ to <udgment of the Cit$
Assessor+ !ho took into account the lack of
im#ro"ements and the #resence of s0uatters+
!hereas the Sunog(A#og area alread$ contains
a su*di"ision+ !hile the Tam*unting area has
turned into a commercial estate
=. 3o ma9imum amount on the "alue of the
#ro#erties should ha"e *een im#osed
8.
.. Po!er of eminent domain is inherent in the
state1 !hen the egislature or the President
through his la!(making #rerogati"es e9ercises
this #o!er+ fi9ing of <ust com#ensation
*ecomes #olitical in nature
2. Constitution la$s do!n no #rocedure in
e9#ro#riation #roceedings+ and the 0uestioned
PDs ha"e su#erseded 7ule ')
;. >aluation !as unilateral *ecause #etitioners
failed to state a "alue in the s!orn declaration
of the true market "alue of their #ro#erties
=. Pa$ment in instalments did not arise out of a
!ill to discriminate *ecause aforesaid areas are
t!o out of =.8 *lighted areas in &etro &anila
ISS?E: @hether or not PD .''5 and PD .')6 are constitutional
7ESO?TIO3: Petitions %7A3TED1 PD .''5 and PD .')6+ !hich res#ecti"el$ #roclaimed the
Tam*unting Estate and the Sunog(A#og are a##ro#riated+ are declared unconstitutional and are null and
void ab initio
A. &M'N&NT (OMA'N) (e*i"itio") The #o!er of ED is inherent in e"er$ state and the
A. #ro"isions in the Constitution
#ertaining to such #o!er onl$ ser"e to
limit its e9ercise in order to #rotect the
indi"idual against !hose #ro#ert$ the
#o!er is sought to *e enforced. The
constitutional limitations to such #o!er
are -./ the taking must *e for a #u*lic
use1 -2/ #a$ment of <ust com#ensation
must *e made1 -;/ due #rocess must *e
o*ser"ed in the taking
The challenged decrees are unfair in the
#rocedures ado#ted and the #o!ers
gi"en to 34A+ since -./ Tam*unting
!as summaril$ #roclaimed a *lighted
area and directl$ e9#ro#riated *$ decree
!ithout the slightest sem*lance of a
hearing or an$ #roceeding.
-2/3o de#osit *efore taking is re0uired
under the decree.
-;/ 3o #ro"ision for an$ interests to *e
#aid on the un#aid instalments s#read
out o"er 8 $ears. -=/O!ners are gi"en
no o##ortunit$ to contest the
e9#ro#riation+ #lead their side+ or
0uestion the amount of #a$ments fi9ed
*$ the decree.
-8/ The 34A:s decisions are *e$ond
<udicial re"ie!.
C. &M'N&NT (OMA' vi#-a-vi#
+O,'AL J-+T',&1 In some decisions
#romulgated *efore the Fe* .5B'
#olitical u#hea"al+ the Court #resumed
the "alidit$ of the *eautiful !hereases in
PDs go"erning e9#ro#riations and
legitimated takings of #ri"ate #ro#ert$
!hich+ in normal times+ !ould ha"e
*een constitutionall$ sus#ect. There
!ere the a"o!ed t!in #ur#oses of
martial la! to first 0uell the Communist
re*ellion and to reform societ$. In
Haguisan v. Emilia, the Court sustained
the contention that #rior hearing is no
longer necessar$ under PD 3o. =2 in
ascertaining the "alue of the #ro#ert$ to
*e e9#ro#riated.
Su*se0uent de"elo#ments ha"e sho!n
that a disregard for *asic li*erties and
the shortcut methods em*odied in the
decrees on e9#ro#riation do not achie"e
the desired results. Far from
disa##earing+ s0uatter colonies and
*lighted areas ha"e multi#lied and
#roliferated. It a##ears that
constitutionall$ sus#ect methods or
authoritarian #rocedures cannot *e the
*asis for social <ustice. A #rogram to
alle"iate the #ro*lems of the ur*an #oor
!hich is !ell(studied+ ade0uatel$
funded+ genuinel$ sincere+ and more
solidl$ grounded on *asic rights and
democratic #rocedures is needed.
D. &M'N&NT (OMA'N) .a#i#) The
*asis for the e9ercise of the #o!er of
eminent domain is necessit$. In City of
Manila v. Chinese Community of
Manila, the Court held that the "er$
foundation of the right to e9ercise ED is
a genuine necessit$ and that necessit$
must *e of a #u*lic character.
In the instant #etitions+ there !as no
sho!ing !h$ the #ro#erties in"ol"ed
!ere singled out for e9#ro#riation
through decrees of !hat necessit$
im#elled the #articular choices or
selections. In e9#ro#riations through
legislation+ there are+ at least+ de*ated in
Congress o#en to the #u*lic+ scrutin$ *$
indi"idual mem*ers of the legislature+
and #u*lic hearings *efore the statute is
enacted.
The Tam*unting estate or the !estern
half of the su*di"ision fronting 7i,al
A"enue E9tensions is a "alua*le
commercial #ro#ert$. It is located at the
<unction !here three main cit$ streets
con"erge. The i*iran Furniture
Com#an$ in the estate is a multi(million
enter#rise. It is a foregone conclusion
that the fa"oured s0uatters allo!ed to
*u$ these choice lots !ould lose no
time+ once it is #ossi*le to do so+ to
either lease out or sell their lots to
!ealth$ merchants e"en as the$ seek
other #laces !here the$ can set u# ne!
s0uatter colonies. The #u*lic use and
social <ustice ends stated in the !hereas
clauses of PD .''5 and PD .')6 !ould
not *e ser"ed there*$