Category Archives: Eminent Domain

Only on what ground does the SP has the power to declare a municipal ordinance or resolution invalid?

Section 153 of B.P. Blg. 337 provides: “Sec. 153. Sangguniang Panlalawigan Review. (1) Within thirty days after receiving copies of approved ordinances, resolutions and executive orders promulgated by the municipal mayor, the sangguniang panlalawigan shall examine the documents or transmit … Continue reading

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The only ground upon which a provincial board may declare any municipal resolution, ordinance, or order invalid is when such resolution, ordinance, or order is ‘beyond the powers conferred upon the council or president making the same. Absolutely no other ground is recognized by the law.

Eminent domain, the power which the Municipality of Bunawan exercised in the instant case, is a fundamental State power that is inseparable from sovereignty.[14] It is government’s right to appropriate, in the nature of a compulsory sale to the State, private … Continue reading

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LGU and Eminent Domain

Eminent domain is the right or power of a sovereign state to appropriate private property to particular uses to promote public welfare.[14] It is an indispensable attribute of sovereignty; a power grounded in the primary duty of government to serve … Continue reading

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