Philippine Bar review · Question

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

Multiple Choice Hard Jurisprudence

Practice question

A telecommunications company proposes a public connectivity project and invokes the amended Right-of-Way Act to take a farmer's land. Its corporate purpose includes internet services, but it admits that neither its franchise nor any other law grants it eminent-domain power. It has sent a purchase offer that the farmer refused. It claims the project's usefulness and the Act's reference to connectivity are sufficient. Which conclusion is best?
  1. Its corporate purpose supplies the missing power
  2. Refusal of the offer automatically grants condemnation authority
  3. Every internet company has inherent eminent-domain power
  4. Public usefulness eliminates the need for legal authority
  5. The stated facts do not establish the legal eminent-domain grant required for a covered private entity

Legal references

  • Republic Act No. 10752, Sections 3 and 4, as amended by Republic Act No. 12289, Sections 3 and 4: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/99855

Answer this question in flashcards to review your response and continue practicing.