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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B.NO. 2066 
S~tUtb 
<t\f,;t .f t~. ~,rr.'.t. 
"14 
JAN 20 P6 :20 
RECEiVED B\':~,._. 
Introduced by Senator Maria Lourdes Nancy S. Binay 
EXPLANATORY NOTE 
One of the inherent powers of the State is the power of eminent domain, which authorizes it 
to take property for public use upon payment of just compensation. From time to time, the 
State, its agencies, subdivisions, branches and instrumentalities (collectively known as the 
"Expropriating Authorities") file complaints for expropriation. 
It has come to our attention, that there are sev~al Expropriating Authorities, who upon 
completion of expropriation, failed to have titles of expropriated properties transferred from 
the previous owners to the name of the concerned Expropriating Authorities. Thus, 
unscrupulous previous owners are able to transfer ownership of their lands to innocent third 
parties and thus, deceiving the State and innocent third parties. 
The Supreme Court appears to have ruled on these cases on a case-to-case basis trying to 
balance public policy and the equities of the situation. In some cases, the Supreme Court 
sustained ownership of innocent purchasers: for value of these properties and the equity 
principle of laches against the State. In other cases, the Supreme Court upheld the ownership 
right of the State as against third parties invoking the principle that the State is not estopped 
by the negligence of its agents. 
The common thread of these cases is the apparent negligence (oftentimes, gross or even 
criminal negligence under Republic Act 3019) of concerned public officers of Expropriating 
Authorities in failing to have the titles of the expropriated properties transferred to their 
names. 
In all these cases, the State is forced to spend money, time and effort defending its ownership 
rights over properties that have long been expropriated against previous owners including 
heirs or descendants of previous owners and innocent purchasers for value. Given these 
situations, there is a need to provide an orderly proceeding to protect both the rights of the 
State and private individuals. 
For the above reasons, the passage of this bill is eamestly requested. 
S NANCY S. BINAY 
Senator 
'.,: 


• 
• 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. B. NO. 2066 
.it'mttt 
(It!!.;. "I t~.j""'!"~ 
'14 
JAN 20 P6:20 
Introduced by Senator Maria Lourdes Nancy S. Binay 
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AN ACT PROVIDING FOR AUTOMATIC TRANSFER OF TITLE TO GOVERNMENT 
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OF EXPROPRIATED LANDS uPON FINAL ITY OF THE JUDGMENT OF 
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EXPROPRIATION 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled: 
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SECTION 1. Duty of Courts Promulgating the Judgment of Expropriation. 
Upon the 
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finality of the judgment declaring land expropriated in favor of the government, its agencies, 
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branches, subdivisions, instrumentalities, or govermnent owned or controlled corporations 
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vested by 'law with powers of eminent domain, the court which promulgated the judgment 
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shall immediately. forward a copy of the decision tq the registry of deeds with jurisdiction 
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over the land duly expropriated. 
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SECTION 2. Duty of Registrars of Deeds to Issue Title in favor of Government. Upon 
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receipt of a copy of the final and executory decision expropriating the land, registrars of 
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deeds with jurisdiction over the expropriated land shall immediately cancel the title of the 
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land and issue a new one in favor of,the government. 
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SECTION 3. Prescription of Actions Involving Just Compensation. Complaints arising from 
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the payment or non-payment of just compensation shall be filed with the appropriate court 
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within ninety (90) days from the day the judgment of expropriation became final and 
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executory. After one (1) year, any claim for just compensation shall be forever barred . 
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SECTION 4. Effect of Claims for Just Compensation. Claims involving just compensation 
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filed in accordance with Section 3 hereof, shall not affect the duty of the court and registrars 
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of deeds under Sections 1 and 2 hereof. 
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A final and executory judgment that just compensation had not been paid by government shall 
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render the. expropriation null and void. 
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SECTION 5. Retroactive Effect. 
This Act' may be given retroactive effect provided that 
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vested 'rights' including those in favor of innoc~nt purchasers for value are not impaired. 
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SECTION 6. Implementing Rules and Regulations. The Department of Justice shall 
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promulgate the implementing rules and regulations within sixty (60) days from the effectivity 
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of this Act. 
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SECTION 7. Separability Clause. Should !Jny part or provision of this Act be declared 
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unconstitutional or invalid, other parts or provisions hereof not otherwise affected thereby 
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shall remain in full force and effect. 
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SECTION 8. Effectivity. This Act shall take effect fifteen (15) days after its publication in at 
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least two (2) newspapers of general circulation. 
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Approved, 
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