Masikip v.

City of Pasig
 on 12:59 PM  in Case Digests, Political Law 
0

G.R. No. 136349, January 23, 2006

- 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.