Philippine Bar review · Question

Practice question: Eminent Domain

Multiple Choice Hard

Practice question

A city files a Section 19 expropriation complaint before making any purchase offer. After the owner objects, the city sends its first valid and definite offer and argues that the public importance of the hospital project excuses the original sequence. Which conclusion is most defensible?
  1. The post-filing offer necessarily proves that an offer preceded the exercise.
  2. The city did not satisfy the required prior-offer condition when it initiated the exercise; public importance does not erase that defect.
  3. A hospital can never qualify as a public purpose.
  4. The owner's objection extinguishes eminent domain permanently.
  5. A mayor's declaration automatically supplies the missing prior offer.

Legal references

  • RA 7160, Section 19, eminent domain: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • Municipality of Parañaque v. V.M. Realty Corp., G.R. No. 127820, July 20, 1998, main decision: https://lawphil.net/judjuris/juri1998/jul1998/gr_127820_1998.html

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