HEIRS OF ALBERTO SUGUITAN VS.CITY OF MANDALUYONG
.
Doctrine :
Power of Eminent Domain: Eminent Domain is the right or power of a sovereign state to appropriate private property to particular uses to promote public welfare. It is an indispensable attribute of sovereignty; a power grounded in the primary duty of government to serve the common need and advance the general welfare.
The power of EMINENT DOMAIN is essentially legislative in nature. However, it may be validly delegated to LGUs, other public entities, and public utilities. The scope of its delegated legislative power is necessarily narrower than that of delegating authority and may only be exercised in strict compliance with the terms delegating law.
Courts have the duty to determine whether the power of eminent domain is being exercised in accordance with the delegating law. Courts have adopted a more censorious attitude in resolving questions involving the proper exercise of its delegated power by local bodies, as compared to instances when it is directly exercised by the national legislature.
Requisites of Valid Exercise of Eminent Domain Power by LGUs:
-ordinance
-purpose must be for public welfare
-just compensation
-a valid but unaccepted offer to buy
Ordinance and Resolution Distinguished:
An ordinance is a law, but a resolution is merely a declaration of the sentiment or opinion of a lawmaking body on a specific matter. An ordinance possesses a general and permanent character, but a resolution is temporary in nature. The two are enacted differently a third reading is necessary for an ordinance, but not for a resolution unless decided otherwise by a majority of all the Sanggunian Members.
HEIRS OF ALBERTO SUGUITAN (PETITIONER)
VS.
CITY OF MANDALUYONG(RESPONDENT)
Facts:
On October 13,1994, the Sangguniang Panglungsod of Mandaluyong City issued a resolution authorizing Mayor Benjamin Abalos to institute expropriation proceeding over the property of Alberto Suguitan located at Boni Avenue and Sto Rosario Streets in Mandaluyong City for the expansion of Mandaluyong Medical Center.
On January 20,1995, Mayor Benjamin Abalos wrote Mr. Alberto Suguitan offering to buy his property, but Suguitan refused to sell it.
Consequently, the City of Mandaluyong filed a complaint for expropriation with the RTC of Pasig. Suguitan filed a motion to dismiss. The trial court denied the said motion and subsequently, it allowed the expropriation of the subject property. Aggrieved by the said order, heirs of Mr. Suguitan asserted that the City of Mandaluyong may only exercise its delegated power of eminent domain by means of an ordinance as required by Section 19 of RA 7160, and not by means of a mere resolution.
Issue:
Whether or not the City of Mandaluyong can exercise its power of eminent domain by expropriating the petitioner's land through a mere resolution and through an ordinance as mandated by the Local Government Code of 1991?
Ruling:
No, the Court ruled that the basis for the exercise of the power of eminent domain by LGUs is Section 19 of RA 7160 which provides that "A local government unit may through its chief executive and acting pursuant to an ordinance, the exercise of the power of eminent domain for public use, purpose, welfare for the benefits of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws.
However, the 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; Provided further, that the local government unit immediately take possession of the property upon the filing of expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent(15%) of the fair market value of the property base on the current tax declaration of the property to be expropriated; Provided, finally, that the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of taking property,
In this case, the City of Mandaluyong sought to exercise the power of eminent domain over the petitioner's property by means of resolution, in contravention of the first requisite. The law, in this case, is clear and free from ambiguity. Section 19 of the Code requires an ordinance, not a resolution, for the exercise of the power of an eminent domain. Therefore, while the court remains conscious of the constitutional policy of promoting local autonomy, it cannot grant judicial sanction to a local government unit's exercise of its delegated power of eminent domain in contravention of the very law giving it such power.
Case Digest by:
Ma.Riffy Cerezo Balingit
JD-II
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