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philippine cons. bill of rights section 9 explain pls
- Thread starter nikko
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ano ba malabo jan? maliwanag at simple lang naman yung provision na yan a.
It is called the power of eminent domain. The power of the State to take private property for public use after a payment of just compensation. It has four elements:
1. It must be a private property 2. The purpose for which it has to be taken must be for public use (or for the general welfare - ever encountered the latin term - salus populis suprema est lex) 3. there must be taking - actual or constructive - the latte one meant that while the property was not totally taken - you were somehow deprived of its whole potential use. 4. There must be payment of just compensation.
common sample: private land was taken by government as part of its road widening effort?
some government entity who can exercise it:
DPWH
NAPOCOR
LGU through an ordinance
NCIP with regards to ancestral lands that have already titled to a non indigenous people.
1. It must be a private property 2. The purpose for which it has to be taken must be for public use (or for the general welfare - ever encountered the latin term - salus populis suprema est lex) 3. there must be taking - actual or constructive - the latte one meant that while the property was not totally taken - you were somehow deprived of its whole potential use. 4. There must be payment of just compensation.
common sample: private land was taken by government as part of its road widening effort?
some government entity who can exercise it:
DPWH
NAPOCOR
LGU through an ordinance
NCIP with regards to ancestral lands that have already titled to a non indigenous people.
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i agree to this.. i say so because kahit sino naman ayaw makuha ang pagaari nila.. and the word "without just compensation" means not to over use or use the power of the government to it's own land because everything in the constitution always need to undergo on procedural process mapa kaso man yan o ari-arianIt is called the power of eminent domain. The power of the State to take private property for public use after a payment of just compensation. It has four elements:
1. It must be a private property 2. The purpose for which it has to be taken must be for public use (or for the general welfare - ever encountered the latin term - salus populis suprema est lex) 3. there must be taking - actual or constructive - the latte one meant that while the property was not totally taken - you were somehow deprived of its whole potential use. 4. There must be payment of just compensation.
common sample: private land was taken by government as part of its road widening effort?
some government entity who can exercise it:
DPWH
NAPOCOR
LGU through an ordinance
NCIP with regards to ancestral lands that have already titled to a non indigenous people.
that's the explanation i had when i report this
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hindi pwede, and pwede lang mag exercise ng power na yan ay mainly congress, then delegated sya sa LGU's so basically dapat yung city or municipal government ang mag-offer nyan na bilhin yung property. Pero baka naman nag-ooffer lang yung barangay na bilhin yung property, if reasonable naman yung price then why not. Pero hindi pa rin nila pwedeng ipag-pilitan na bilhin in case na ayaw nyo, unless yung city na ang mag-offer tapos mag-file sila ng appropriation case sa subject property.
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hindi pwedeng kunin ng governement ang kahit anong property mo, may mga batayan ang batas na dapat sundin hindi sapat lang na may sapat na salapi na kapalit o just compensation, nararapat din na pampubliko ang dahilan at wala ng ibang property na puwede kundi yung sa iyo, kung power of eminenet domain ang ginagawa ng gobyerno, Pero kung police power hindi na kailangan na pampubliko ang dahilan kundi yung pag mamay- ari mo kasi ay ilegal o ipinagbabawal ng batas
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ang gobyerno natin ay hango sa politikal na pilosopiyang amerika.... ang institusyong estado o gobyerno ay naluklok gawa ng ito ay kagustuhan taumbayan,. Kaya isinisuko ng mamamayan ang kanilang Kalayaan para sa proteksyon at serbisyo ng bayan... upang malayang makapag-hanap buhay ang mamayan at lumago,... ang kalayaang ito ay nagiging karapatan na siyang pangunahing obligasyon ng gobyerno na protektahan... ang karapatan ng bawat mamamayan sa pag-aari ay hindi pwedeng kitilin ng estado lalo ng gobyerno nito, kaya kung ang pag-aari ng isang mamamayan ay kinakailangan para sa ikabubuti ng nakararami, obligasyon ng gobyerno na bigyan ng karampatang kumpensasyon ang taong nawalan nito.
