Philippine Bar review · Question

Practice question: Eminent Domain

Multiple Choice Hard

Practice question

An LGU lawfully obtains immediate possession in a Section 19 proceeding after satisfying the applicable provisional-deposit requirements. It argues that this necessarily fixes the final compensation at the deposit amount, despite evidence about the property's fair market value at taking. Which statement is correct?
  1. Immediate possession eliminates the duty to pay just compensation.
  2. The deposit becomes final solely because the owner protested.
  3. The proper court still determines compensation; a provisional deposit does not by itself fix the final amount.
  4. Only the contractor may change the deposit.
  5. A public purpose requires the owner to donate the balance.

Legal references

  • RA 7160, Section 19, eminent domain: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • 1987 Constitution, Article III, Section 9: https://lawphil.net/consti/cons1987.html

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