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- Basis of Just Compensation in Expropriation Cases | 1 November 2024
Basis of Just Compensation in Expropriation Cases | 1 November 2024
Just compensation has been defined as the fair and full equivalent of the loss. In the case of Evergreen Manufacturing Corporation v. Republic of the Philippines (G.R. No. 218628, September 6, 2017), just compensation is defined as “the full and fair equivalent of the property taken from its owner by the expropriator. The Court repeatedly stressed that the true measure is not the taker’s gain but the owner’s loss. The word ‘just’ is used to modify the meaning of the word ‘compensation’ to convey the idea that the equivalent to be given for the property to be taken shall be real, full, and ample.”
Alburo Law
November 01, 2024
Private property shall not be taken for public use without just compensation. (Section 9, Article III, 1987 Constitution)
Just compensation is the full and fair equivalent of the property taken from its owner by the expropriator.
It must be the value of the property at the time of taking. (Evergreen Manufacturing Corporation v. Republic of the Philippines, G.R. No. 218628, September 6, 2017)
THE SUPREME COURT DECIDES: In any criminal proceeding involving child abuse, evidence offered to prove the victim’s past sexual acts or sexual predisposition is not admissible.
In the case People of the People of the Philippines vs. Adrian Adrales y Jurado a.k.a. “Alicia Bakla”, the Supreme Court reiterated that under Section 30(a) of the Rule on Examination of a Child Witness (RECW), evidence offered to prove that the alleged victim engaged in other sexual behavior, or offered to prove the sexual predisposition of the alleged victim, is not admissible in any criminal proceeding involving alleged child sexual abuse.
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Alburo Alburo & Associates Law Offices:
• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.
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