Short answer. No. Article 1488 of the Civil Code excludes expropriation from the ordinary rules on sales. When the government takes private property for public use through its power of eminent domain, the taking and the payment of just compensation are governed by special expropriation laws and the Rules of Court, not by the Code's contract-of-sale provisions.
What the law says
The expropriation of property for public use is governed by special laws.
Civil Code, Article 1488 — Expropriation. Read the full provision →
Why the sales rules step aside
A contract of sale rests on the free consent of both parties and a price they negotiate between themselves. Expropriation lacks both of those elements: the property owner does not choose to part with the land, and the price is fixed as just compensation rather than bargained in the marketplace. Because the transaction is not truly consensual, Article 1488 removes it from Title VI on sales and hands the subject over to special legislation written specifically for the exercise of eminent domain. This keeps the Code's warranty and delivery rules, which assume a willing seller, from being stretched to cover a forced transfer.
The special laws that apply instead
Expropriation proceedings are carried out under the eminent domain provisions of the Rules of Court, which set the procedure for filing the case, depositing an initial value, and having commissioners determine just compensation. Where a local government unit is the one expropriating, the Local Government Code supplies additional requirements, such as a prior valid ordinance and a genuine offer to purchase before the case is filed in court. National infrastructure agencies acquiring right-of-way for roads, railways, and similar projects likewise follow their own enabling statutes. These special laws, not the Code's sales provisions, control every step of the taking, from the initial notice to the final transfer of title.
Rights the owner keeps
Being excluded from the sales rules does not strip a landowner of protection. The owner is still entitled to due process, to contest whether the taking is genuinely for public use, and to a judicial determination of just compensation if no agreement is reached with the expropriating authority. Compensation must reflect the fair value of the property at the time of the taking, and payment, or at least a lawful deposit, is generally required before the government may take possession or have title considered transferred.
How this differs from a private sale
In an ordinary sale, the seller can refuse to sell, negotiate the price, and rely on warranties against defects in title. In expropriation, refusal does not stop the taking once public use and just compensation are established in court, and the seller's remedies come from the special expropriation statutes and constitutional guarantees rather than from sales law. A property owner facing an expropriation notice is better served by consulting the specific expropriation statute and procedural rules that apply to the acquiring agency than by looking to the Civil Code's sales title, since Article 1488 makes clear that title does not govern the transaction.
Related provisions
- Civil Code, Article 1488 — Expropriation
- Civil Code, Article 1487 — Expenses of Execution and Registration
- Civil Code, Article 1489 — Who May Buy and Sell; Necessaries