2017 Civil Law, Q3

Josef owns a piece of land in Pampanga. The National Housing Authority (NHA) sought to expropriate the property for its socialized housing project. The trial court fixed the just compensation for the property at P50 million. The NHA immediately deposited the same at the authorized depository bank and filed a motion for the issuance of a writ of possession with the trial court. Unfortunately, there was delay in the resolution of the motion. Meanwhile, the amount deposited earned interest.
When Josef sought the release of the amount deposited, NHA argued that Josef should only be entitled to P50 million.
Who owns the interest earned? (3%)

Quick check

Who becomes the owner of the money deposited by an expropriator in an authorized bank for just compensation?

Under the doctrine of accession in the Civil Code, who owns the interest earned on money deposited as just compensation?

Under Republic v. Holy Trinity Realty Development Corp., why is NHA barred from claiming the interest earned on Josef's deposit?

What classification do bank deposit interests fall under under Article 442 of the Civil Code?

Why does denying the landowner the interest earned on deposited just compensation violate the Constitution?

Learn more about these topics

1. Expropriation Deposit Ownership
Under Republic v. Holy Trinity Realty Development Corp., upon deposit by the expropriating agency of the provisional value or full amount fixed for just compensation in an authorized depository bank, ownership of the deposited amount immediately transfers to the property owner. The deposit is made for the benefit and account of the landowner as a statutory prerequisite for the issuance of a writ of possession. Consequently, the expropriator loses beneficial interest over the deposited capital once placed under judicial custody for the owner.

2. Right of Accession
Under Article 440 in relation to Article 427 of the Civil Code, ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, whether naturally or artificially. Interest earned on a sum of money constitutes civil fruits under Article 442. Because the principal deposit belongs to the landowner from the moment of deposit, all interest and fruits accruing to the fund likewise pertain to the landowner by right of accession.

3. Just Compensation Principle
Under Section 9, Article III of the 1987 Constitution, private property shall not be taken for public use without just compensation. Just compensation means not only the correct determination of the monetary value of the property taken but also its prompt payment. Allowing the expropriating agency to retain interest earned on the deposited just compensation would unjustifiably enrich the government at the expense of the landowner and violate the constitutional mandate of full and fair compensation.

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