Proving Consequential Damages in Philippine Partial-Taking Expropriation

When the State expropriates only part of a property, the remaining portion may suffer diminished accessibility, impaired development potential, physical fragmentation, or reduced economic utility. Section 6, Rule 67 of the Philippine Rules of Court recognizes consequential damages to property not taken, but does not prescribe a uniform method for measuring such damages. This study examines Philippine Supreme Court jurisprudence on consequential damages and benefits through doctrinal analysis, comparative case analysis, and professional valuation principles.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-26
DOI
https://doi.org/10.5281/zenodo.23665823
Primary Topic
Property Rights and Legal Doctrine
Type
article
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article

Proving Consequential Damages in Philippine Partial-Taking Expropriation

Augusto B. Agosto
Zenodo (CERN European Organization for Nuclear Research)
Property Rights and Legal Doctrine
article

Proving Consequential Damages in Philippine Partial-Taking Expropriation

Augusto B. Agosto
article en

Abstract

When the State expropriates only part of a property, the remaining portion may suffer diminished accessibility, impaired development potential, physical fragmentation, or reduced economic utility. Section 6, Rule 67 of the Philippine Rules of Court recognizes consequential damages to property not taken, but does not prescribe a uniform method for measuring such damages. This study examines Philippine Supreme Court jurisprudence on consequential damages and benefits through doctrinal analysis, comparative case analysis, and professional valuation principles.

Zenodo (CERN European Organization for Nuclear Research)
University of San Carlos (PH)
Openalex Percentile: Top 3%
Property Rights and Legal Doctrine
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