PROPERTY

Articles 435-439

Article 435

No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation.Should this requirement be not first complied with the courts shall protect and, in a proper case, restore the owner in his possession.

Eminent Domain

Ultimate right of the State to appropriate, not only the public but the private property of all citizens within the territorial sovereignty, for public purpose.

Eminent Domain

- May be validly delegated to local government, other public entities and public utilities- Based on the need for human progress and community welfare and development

Eminent Domain versus Expropriartion

Requisites

1. Taking by competent authority2. Observance of due process of Law3. Taking for public use4. Payment of just compensation

Competent Authority

1. Authority as of right – State2. Authority by virtue of a grant – persons or

corporations

Due Process of Law

1. Substantial Compliance of Procedure Rule 672. Strict Construction3. Estoppel4. Confiscation abolished5. Abandonment of proceeding

Public Use

Any act of appropriation of private property by the State under its right of Eminent Domain for the purpose of great advantage to the community.Reasonable necessity is required

Just Compensation

It is the market value “the price that the property will bring when it is offered for sale by one who desires it, but is not obliged to sell it, and is bought by one who is under no necessity of having it”

Article 436

When any property is condemned Or seized by competent authority in the

interest of health, safety, or security, the owner thereof shall not be entitled to compensation, unless he can show that such condemnation or seizure is unjustified.

Police Power

The power vested in the legislature by the Constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with or without penalties, for the good and welfare of the society

Article 437

The owner of the parcel of land is the owner of its surface and of everything under it, and he can construct thereon any works or make any plantations and excavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. He cannot complain of the reasonable requirements of aerial navigation.

Limitation

Regalian Doctrine- All lands of the public domain belongs to

the State- This reserves to the State all natural

wealth that may be found in the bowels of the earth even if the land where the discovery is made be private.

Article 438

Hidden treasure belongs to owner of the land, building, or other property on which it is found.

Nevertheless when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any of the share of the treasure.

• If the thing found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rules stated.

Treasure found on another’s Property: - By chance- Permission to look for Hidden treasure- Found under Government property- Treasure hunting

Article 439

By treasure is understood, for legal purposes, any hidden and unkown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear.

Other precious objects

Should refer to same class of money and jewelry and should not include

property imbedded in the soil.

Ownership

- Must not appear- If deliberately hidden