Philippine Bar review · Question

Practice question: Eminent Domain

Multiple Choice Hard

Practice question

An LGU concedes that necessity was never assessed before taking an owner’s land. It proposes to invent a public-need justification only afterward and says timing can never matter. Which principle from Masikip responds?
  1. Ascertainment of genuine necessity must precede or accompany the taking
  2. Necessity must always be invented after taking
  3. A completed taking extinguishes every constitutional requirement
  4. Any later press statement conclusively cures the defect
  5. The owner’s objection eliminates the need for proof

Legal references

  • RA7160 Local Government Code: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html Section19 provisional-possession deposit.
  • Masikip v. City of Pasig, GR136349, January23 2006, main decision: https://lawphil.net/judjuris/juri2006/jan2006/gr_136349_2006.html Genuine necessity and public-use holdings.

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