111 Sumulong vs Guerrero and NHA GR L-48685 Sept. 30, 1987

Facts: NHA filed a complaint for expropriation of parcels of land in Antipolo Rizal including the lots of petitioners.

Together with the complaint was a motion for immediate possession of the properties. The NHA deposited the amount of P158,980 representing the total market value pursuant to PD 1224.

Subsequently the respondent judge issued an order to let NHA have a writ of possession. Upon motion of Petitioners for reconsideration, it was denied by the judge.

Hence, the petition.

Issue: Whether or not petitioners had been deprived of the possession of their property without due process of law and whether or not PD 1224 as amended is unconstitutional.

Rulling:

The “public use” requirement for and exercise of the power of eminent domain is a flexible and evolving concept influenced by changing conditions.

The court holds that “socialized housing” defined in PD 1224 as amended constitutes “public use” for purposes of expropriation. However, the provisions of such decree on just compensation are “UNCONSTITUTIONAL”, and the Court finds that the Orders issued pursuant to the corollary provisions of those decrees authorizing immediate taking without notice and hearing are violative of due process.

The court remanded the case for further proceeding to determine the compensation the petitioner’s are entitled to be paid.