Philippine Bar review · Question

Practice question: Eminent Domain (See also RA 10752, as amended by RA 12289)

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Practice question

A corporation authorized by law to expropriate for electricity transmission argues that permanent restrictions over private land cannot be a taking unless ownership is transferred to it. The restrictions substantially deprive the owner of ordinary use of the affected area. Discuss.

Legal references

  • Spouses Baterna v. National Transmission Corporation, G.R. No. 276920, January 21, 2026, main decision: https://lawphil.net/judjuris/juri2026/jan2026/gr_276920_2026.html
  • 1987 Constitution, Article III, Section 9: https://lawphil.net/consti/cons1987.html

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