- the power of eminent domain is not inherent in LGU and must be expressly provided for by statute
FACTS:
Lourdes Dela Paz Masikip is the registered owner of a parcel of land, which the City of Pasig sought to expropriate a portion thereof for the “sports development and recreational activities” of the residents of Barangay Caniogan. This was in January 1994. Masikip refused.
On March 23, 1994, City of Pasig sought again to expropriate said portion of land for the alleged purpose that it was “in line with the program of the Municipal Government to provide land opportunities to deserving poor sectors of our community.”
Petitioner protested, so City of Pasig filed with the trial court a complaint for expropriation. The Motion to Dismiss filed by Masikip was dismissed by the rial court on the ground that there was genuine necessity to expropriate the property. Case was elevated to the Court of Appeals, which dismissed petition for lack of merit.
Hence, this petition.
ISSUE:
W/N there was genuine necessity to expropriate the property
HELD:
Eminent domain is “the right of a government to take and appropriate private property to the public use, whenever the public exigency requires it, which can be done only on condition of providing a reasonably compensation therefor.” It is the power of the State or its instrumentalities to take private property for public use and is inseparable from sovereignty and inherent in government.
This power is lodged in the legislative branch of government. It delegates the power thereof to the LGUs, other public entities and public utility corporations, subject only to constitutional limitations. LGUs have no inherent power of eminent domain and may exercise it only when expressly authorized by statute.
Sec. 19, LGC: LGU may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, purpose or welfare for the benefit of the poor and landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws.
Provided:
(1) power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner and such offer was not accepted;
(2) LGU may immediately take possession of the property upon the filing of expropriation proceedings and upon making a deposit with the proper court of at least 15% fair market value of the property based on the current tax declaration; and
(3) amount to be paid for expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property
There is already an established sports development and recreational activity center at Rainforest Park in Pasig City. Evidently, there is no “genuine necessity” to justify the expropriation. The records show that the Certification issued by the Caniogan Barangay Council which became the basis for the passage of Ordinance No. 4, authorizing the expropriation, indicates that the intended beneficiary is the Melendres Compound Homeowner’s Association, a private, non-profit organization, not the residents of Caniogan.
