The constraints of the exercise of the power of eminent domain

Category: Constitutional Law

The exercise of the power of eminent domain is constrained by two constitutional provisions: (1) that private property shall not be taken for public use without just compensation under Article III (Bill of Rights), Section 9 and (2) that no person shall be deprived of his/her life, liberty, or property without due process of law under Article III, Sec. 1. (Barangay Sindalan, et al. v. CA, et al., G.R. No. 150640, March 22, 2007).