MASIKIP vs.

CITY OF PASIG
G.R. No. 136349, January 23, 2006
SANDOVAL GUTIERREZ,  J.:

STATEMENT OF 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.

STATEMENT OF THE CASE:

This petition for review on certiorari assails the Decision of the Court of Appeals dated
October 31, 1997 in CA-G.R. SP No. 41860 affirming the Order of the Regional Trial Court,
Branch 165, Pasig City, dated May 7, 1996 in S.C.A. No. 873. Likewise assailed is the Resolution
of the same court dated November 20, 1998 denying petitioner's Motion for Reconsideration.
ISSUE:
Whether or not there was genuine necessity to expropriate the property

RULING:
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.

APIADO, ELYN D.
 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.

PRINCIPLES/DOCTRINES:
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. Local government units have no inherent power of eminent domain.
Local governments can exercise such power only when expressly authorized by the Legislature.
By virtue of the Local Government Code of 1991, Congress conferred upon local government
units the power to expropriate. Further, the exercise by local government units of the power of
eminent domain is not absolute. The exercise thereof is subject to the statutory requirements

APIADO, ELYN D.