RIGHT TO PROPERTY
What constitutional right protects owners from the government taking private property without payment?
Right to Property
What is the power of the State to take private property for public use called?
Eminent Domain
What safeguard ensures that the taking of property follows lawful procedures?
Due Process
What constitutional right allows a person to move freely and choose where to live?
The Right to travel and Liberty of Abode
What must the government give when it takes private property for public use?
Just Compensation
Give ONE reason why the State is allowed to exercise eminent domain.
For public use / public necessity / common good
What safeguard ensures that the owner does not suffer loss from expropriation?
Just Compensation
Name ONE situation where the right to travel may be restricted.
National security / public safety / public health
Is the right to property absolute? Why or why not?
No, because the State may take property for public use with just compensation and due process
Name TWO constitutional requirements for a valid exercise of eminent domain.
Public use
Just compensation
Due process
What happens if ONE requirement of eminent domain is missing?
The Taking becomes Unconstitutional
Which Constitution first included the right to travel together with liberty of abode?
The 1987 Constitution
Which Article and Section of the 1987 Constitution protects private property from unlawful taking?
Article III Section 9
According to U.S. vs. Toribio (1910), what must exist before the State can validly take private property?
Genuine public necessity and fair or just compensation
According to De Leon, how many requirements must be present for eminent domain to be valid?
3
In the Marcos travel ban case, why was the restriction on travel considered valid?
Because it was imposed for national security and public interest