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Federated Realty Corporation vs. Hon. Court of Appeals, et al

FEDERATED REALTY CORPORATION, Petitioner, versus Hon. COURT OF APPEALS and REPUBLIC OF THE PHILIPPINES, through the Commanding General of the Armed Forces of the Philippines - Visayas Command (AFP-VISCOM), Respondents.

G.R. No. 127967 | 2005-12-14

D E C I S I O N 


Tinga, J.: 

Eminent domain is one of the fundamental powers inherent to the State as a sovereign. It is the authority and right of the State to take private property for public use upon observance of due process of law and payment of just compensation.[1] Any arm of the State that exercises such power must wield the same with circumspection and utmost regard for procedural requirements.[2] 

This is a petition for review on certiorari under Rule 45 of the Rules of Court filed by Federated Realty Corporation (FRC) against the Republic of the Philippines through the Armed Forces of the Philippines-Visayas...