WHEREAS, housing is a development process which encompasses not only the provision of shelter but most of all the building of a total community in accordance with the human settlements concept;
WHEREAS, doubts have also been expressed as to the proper valuation to be followed in the determination of just compensation in expropriation proceedings.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, do hereby order and decree that:
SECTION 1. Paragraph 1 of Presidential Decree No. 1224 dated October 21, 1977 is hereby amended to read as follows:
The term "public use" for purposes of acquisition by the government, either by itself or through any authorized agency or entity, of any private land and improvements thereon shall include, among others, the acquisition for the purpose of socialized housing. Socialized housing is hereby defined to include among others:
SECTION 2. Paragraph 2 of the same decree is hereby amended to read as follows:
In the determination of just compensation for such private lands and improvements to be expropriated, the Government shall choose between the value of the real property and improvements thereon as declared by the owner or administrator thereof or the market value determined by the city or provincial assessor, which ever is lower, at the time of the filing of the expropriation complaint.
SECTION 3. Paragraph 3 of the same decree is hereby amended to read as follows:
Upon the filing of the petition for expropriation and the deposit of the amount of the gust compensation provided for in Section 2 hereof, the Government, or its authorized agency or entity, shall immediately have possession, control and disposition of the real property and the improvements thereon even pending resolution of the issues that may be raised whether before the Court of First Instance, Court of Agrarian Relations or the higher courts.
SECTION 4. All acts, parts of acts, decrees, letters of instructions, orders, ordinances, or rules and regulations which are inconsistent herewith are hereby repealed, amended or modified accordingly.
DONE in the City of Manila, this 11th day of December, in the year of Our Lord, Nineteen Hundred and Seventy-Seven.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
By the President: (Sgd.) JUAN C. TUVERA Presidential Assistant