Text of the provision
Sec. 4. Order of expropriation. — If the objections to and the defenses against the right of the plaintiff to expropriate the property are overruled, or when no party appears to defend as required by this Rule, the court may issue an order of expropriation declaring that the plaintiff has a lawful right to take the property sought to be expropriated, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of the date of the taking of the property or the filing of the complaint, whichever came first. A final order sustaining the right to expropriate the property may be appealed by any party aggrieved thereby. Such appeal, however, shall not prevent the court from determining the just compensation to be paid. After the rendition of such an order, the plaintiff shall not be permitted to dismiss or discontinue the proceeding except on such terms as the court deems just and equitable.
2019 Rules of Civil Procedure (A.M. No. 19-10-20-SC), Rule 67, Section 4. Reproduced verbatim and verified word-for-word against the Supreme Court's official text and the ChanRobles rendering.
About this section
This is Section 4 of Rule 67 (Expropriation) of the 2019 Rules of Civil Procedure, the rules promulgated by the Supreme Court in A.M. No. 19-10-20-SC and in force since May 1, 2020. The text above is reproduced verbatim from the current rules.
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Cases citing this section
- Spouses Baterna v. National Transmission Corporation, G.R. No. 276920, January 21, 2026 (Hernando, J.) — a transmission-line right-of-way easement is a compensable taking, and where the taking preceded the complaint, just compensation is reckoned from the date the lines were installed. Read our note →