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NPC vs. Sps. Asoque

NATIONAL POWER CORPORATION, PETITIONER, VS. SPS. MARGARITO ASOQUE AND TARCINIA ASOQUE, RESPONDENTS.

G.R. No. 172507 | 2016-09-14

Republic of the Philippines
Supreme Court
Manila
 
SECOND DIVISION
 
DECISION
 
LEONEN, J.:
 
Article III, Section 9[1] of the Constitution provides a substantive guarantee that private property that is taken by the state for public use should be paid for with just compensation. If the state does not agree with the property owner on a price, the state, through the competent government agency, should file the proper expropriation action under Rule 67 of the Revised Rules of Court.

In case of a taking without the proper expropriation action filed, the property owner may file its own action to question the propriety of the...