Local Government Code

Question 1

Enumerate additional limitations on the exercise of the power of eminent domain by local government

Answer 1

i) Exercised only by the local chief executive, acting pursuant to a
valid ordinance;
ii) For public use or purpose or welfare, for the benefit of the poor and
the landless;
iii) Only after a valid and definite offer had been made to, and not
accepted by, the owner.

Question 2

Can the Sanguniang Panlalawigan dissaprove the resolution of the municipality expropriating a parcel of land?

Answer 2

In Moday v. Court of Appeals, 243 SCRA 152, it was held that the
Sanggunian Panlalawigan cannot validly disapprove the resolution of the
municipality expropriating a parcel of land for the establishment of a government
center. The power of eminent domain is explicitly granted to the municipality under
the Local Government Code.

Question 3

Mayor filed a complaint for the expropriation of
two parcels of land on the strength of a resolution passed by the Sanggunian Bayan

Will the complaint prosper?

Answer 3

in Municipality of Paranaque v. V. M. Realty Corporation,
292 SCRA 676, the Supreme Court said that there was lack of compliance with
Sec. 19, LGC, where the Municipal Mayor filed a complaint for the expropriation of
two parcels of land on the strength of a resolution passed by the Sanggunian
Bayan, because what is required by the law is an ordinance. There are basic
differences between an ordinance and a resolution, viz: an ordinance is a law while
a resolution is merely a declaration of sentiment or opinion of a lawmaking body
on a specific matter; a third reading is needed for an ordinance, not for a resolution
unless decided otherwise by a majority of the members of the Sanggunian.

Question 4

That the local
government unit may immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with
the proper court of at least ____ of the fair market value of the property based on the current tax declaration of the property to be expropriated.

Answer 4

15%

Question 5

What provision of law delegates to the Local Goverment the power eminent domain?

Answer 5

Sec. 19, R.A. 7160