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Laws on Expropriation

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1 Laws on Expropriation on Tue Jul 25, 2017 1:11 am

afb.veloso


Arresto Menor
GENERAL BACKGROUND OF THE LAND

My mother's side of the family owns a lot in Pili, Camarines Sur that is approx. 4,200sq.m with a small house built at the center of that land. It is classified as a residential lot and located near a rail way, municipal hall, and somewhat near a national highway. The land's title is still named under her father. She does not solely own the lot since my mother has 5 other siblings (3 in the US, 2, including my mom, are here in the Philippines, and 1 passed away, and has descendants) who has an equal right to the said land

STORY

The barangay captain wants to buy a portion of the land (I think around 1,000 sq.m.)  so he can turn it into a health center (so he claims), but my mom refuses to sell the land. The barangay captain keeps on pestering my mom to sell the land, annoyed, she offered that she will sell the land, but at a higher price than what the barangay captain has to offer.

The barangay captain resorted to go to the council and file exproriation to the said land so he could force my mom to sell the land at his price, but my mom is still determined not to sell the land even if she has to go to court.

1. My question is, is it worth to fight for that land (knowing all the expenses that would be made because of legal battles)?

2. Can the barangay captain file to expropriate the said land?

3. If ever the barangay captain would win, I know that the just compensation is based on the current market value of the land, but all taxes and other expense would be paid the government. Am I correct?

Thank you po.

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