PLJ volume 37 number 1 -01- Deogracias Eufemio

In the absence of a more extended pronouncement by the Court,
it is submitted that while the questioned proviso evidently favors
the reelectionist~candidate, it cannot be denied that it has some
reasonable basis. For, as a general rule, "the name of the candidate
seeking reelection somehowbecomesassociated with the officesought.
So, it is reasonable to assume that the writing of his surname alone
in the ballot is an indication of the true and logical choice of the
voter in favor of the reelectionist-candidate." 12Q
V. EXPROPRIATION
The taking of private property upon payment of just compensation
may be undertaken under three different provisions of the
Constitution: First, by the exercise of the inherent power of· eminent
domain which is recognized and limited by the Bill of Rights.
in this wise: "no person shall be deprived of life, liberty, or property
without due process of law," 121. and "private property shall not
be taken for public use without just compensation." 122 Second, pur;.
suant to the provision that "Congress of the Philippines may authorize,
upon payment of just compensation, the expropriation of lands
to be subdivided into small lots and conveyed at cost to individuals."
123 Third, in accordance with the express authority granted
to the State, in the interest of national welfare and defense, and
upon payment of just compensation, to transfer to public ownership
utilities and other private enterprises to be operated by the Government.
1U
A. Requisites for the exercise of eminent domain.
It is the rule in this jurisdiction that private property may be
expropriated for public use and upon payment of just compensation;
that condemnation of private property is justified only if it is for
the public good and there is a gewuine necessity therefor of a public
character. u5
In the case of Republic v. La Orden de PP. Benedictinos de
Filipina..~,126it appears that in order to relieve the daily traffic congestion
on Legarda St., the Government drew plans to extend Azcarraga
St. from its junction with Mendiola St., up to the Sta. Mesa
Rotonda, Sampaloc, Manila. To carry out this plan, it offered to
1lII Explanatory Notes. H. No. 3738. House Bills Nos. 3466, 3706. 3738, 3765. 3880, 1982 and
4096•.•'fere consolidated into House Bill No. 4729 which became Rep, Act No. 3036.
PHIL. CONST. Art. III, see. 1. par. (1) .
•••Ibid. par. (2) .
•.••Ibid. Art. XIII, sec. 4
,.. Ibid. Art. XIII, see. 6.
12ll Repub!ic v. La. Orden de PP: Benedictines de Filipinas. C.R. No. L-12792, Feb. 28,· 11161;
City of ManIla v. Chmese CommunIty, 40 Phil. 349 (1919). ..
•.••G.R. No. L-12792, Feb. 28, 1961.