MUN. OF MEYCAUAYAN vs.

IAC

Facts:
Respondent PPMC filed w/ the Office of the Mun. Mayor of
Meycauayan an application for a permit to fence a parcel of land to
enable the storage of the respondents heavy equipment & various
finished products in 1975. On the same year, said Mayor passed
Resolution No. 258 manifesting intention to expropriate the said
parcel of land.

Respondent filed an Opposition & a Special Committee was created
to investigate on the matter. Said committee recommended to
disapprove or annul the resolution in question because there was no
genuine necessity to expropriate. But the new mayor again made a
resolution on the expropriation of the said property.

Issue: W/N petitioner can lawfully expropriate the property?

Held: NO!
The petitioners purpose in expropriating the land was to convert it
to a public road w/c would provide a connecting link between
Malhacan & Bulac Road & thereby ease the traffic in the area of
vehicles coming from McArthur Highway. However, records reveals
that there are other connecting links between the 2 roads & that
petitioner themselves admitted the existence of such roads.

The committee stated that there is no genuine necessity for the
Mun. to expropriate the property of the PPMC for use as a public
road. The desire of the petitioner to build a public road to
decongest the volume of traffic can be fully & better attained by
acquiring the other available roads in the vicinity maybe at lesser
costs without causing harm to an establishment doing legitimate
business therein.