PRESIDENTIAL DECREE NO. 42, November 09, 1972
AUTHORIZING THE PLAINTIFF IN EMINENT DOMAIN PROCEEDINGS TO TAKE POSSESSION OF THE PROPERTY INVOLVED UPON DEPOSITING THE ASSESSED VALUE FOR PURPOSES OF TAXATION
the right of eminent domain is not expeditious enough to enable the
plaintiff to take or enter upon the possession of the real property
involved as soon as possible, when needed for public purposes;
WHEREAS, this measure is in the national interest,
in order to effect the desired changes and reforms to create a new
social and economic order for the benefit of the country and its people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers in me vested by the
Constitution as Commander-in-Chief of all the Armed Forces of the
Philippines, and pursuant to Proclamation No. 1081, dated September 21,
1972, and General Order No. 1, dated September 22, 1972, as amended, do
hereby decree and order as part of the law of the land that, upon filing
in the proper court of the complaint in eminent domain proceedings or
at anytime thereafter, and after due notice to the defendant, plaintiff
shall have the right to take or enter upon the possession of the real
property involved if he deposits with the Philippine National Bank, in
its main office or any of its branches or agencies, an amount equivalent
to the assessed value of the property for purposes of taxation, to be
held by said bank subject to the orders and final disposition of the
court.
The provisions of Rule 67 of the Rules of Court and of any other
existing law contrary to or inconsistent herewith are hereby repealed.
This Decree shall take effect immediately.
Done in the City of Manila, this 9th day of November, in the year of
Our Lord, nineteen hundred and seventy-two.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President: (Sgd.) ALEJANDRO MELCHOR Executive Secretary