VISAYAN REFINING COMPANY V. CAMUS ET.

AL
G.R. L-15870

Facts:
Upon the direction of the Governor-General, the Attorney-General filed a complaint with the CFI (Rizal) in
the name of the Government of the Philippines for the condemnation of a certain tract of land in Paranaque
for military and aviation purposes. The petitioners herein are among the defendants named. Likewise, it
was prayed that the court will give the Government the possession of the land to be expropriated after the
necessary deposit (provisional) of P600, 000.00 as the total value of the property. Through the order of the
public respondent, Judge Camus, the prayer was granted.
During the pendency of the proceedings, the petitioners raised a demurrer questioning the validity of the
proceedings on the ground that there is no law authorizing the exercise of the power of eminent domain.
Likewise, they moved for the revocation of the order on the same ground stated and with additional
allegation that the deposit had been made without authority of law since the money was taken from the
unexpended balance of the funds appropriated by previous statutes for the use of the Militia Commission
and the authority for the exercise of the power of eminent domain could not be found in those statutes. The
demurrer and motion were overruled and denied respectively by Camus. This prompted the petitioners to
file this instant petition to stop the proceedings in the CFI.

Issue:
Can the Philippine Government initiate expropriation proceedings in the absence of a statute authorizing
the exercise of the power of eminent domain?

Held:
Yes, it can. The Philippine Government has the general authority to exercise the power of eminent domain
as expressly conferred by Section 63 of the Philippine Bill (Act of Congress of July 1, 1902). It says that the
Philippine Government is authorized to acquire, receive, hold, maintain, and convey title to real and
personal property, and may acquire real estate for public uses by the exercise of the right to eminent
domain. The same is subject to the limitation of due process of law. In consonance with this, Section 64 of
the Administrative Code of the Philippine Islands (Act No. 2711) expressly confers on the Government
General the power to determine when it is necessary or advantageous to exercise the right of eminent
domain in behalf of the Government of the Philippine Island; and to direct the Attorney-General, where such
at is deemed advisable, to cause the condemnation proceedings to be begun in the court having proper
jurisdiction. There is no question as to the Governor General’s authority to exercise this power.
However, this authority is not absolute. It is subject to two limitations, namely, that the taking shall be for
public purpose and there must be just compensation.
Apparently, the reason behind the taking of the subject land was for military and aviation purposes. This
considered a public purpose given the importance of the military and aviation in the operation of the State.
As to the second requirement, it must be remembered that at that time there was no law requiring that
compensation shall actually be paid prior to the judgment of condemnation. The deposit was made, despite
the absence of said law, to afford absolute assurance that no piece of land can be finally and irrevocably
taken from an unwilling owner until compensation is paid. This is in conformity with the just compensation
requirement.
Given these reasons, the proceedings were made in accordance with law.
Petition is denied. Proceedings of the lower court were in all respects regular and within the jurisdiction of
the court.