Text of the provision
Art. 1488. The expropriation of property for public use is governed by special laws.
(1456)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The expropriation of property for public use is governed by special laws, not the ordinary rules on sale.
Expropriation is the taking of private property by the State for a public purpose, exercised through the power of eminent domain rather than through the voluntary meeting of minds that defines an ordinary sale. Because the transaction involves a landowner who does not necessarily wish to sell, and because the price is fixed as just compensation rather than negotiated in the marketplace, the ordinary rules on sales found in this Title are set aside, and the special laws that specifically address expropriation control the process instead.
Questions about this provision
- Does the law on sales apply if the government expropriates my land?
- If the government expropriates my land, do the Civil Code's rules on sale price and delivery still apply?
Related provisions
- Article 1487 — Expenses of Execution and Registration.
- Article 1489 — Who May Buy and Sell; Necessaries.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.