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    Case Digests

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    Ian Jala Calmares
    The municipality of Parañaque sought to exercise its power of eminent domain based on a resolution by its municipal council to acquire property for a public works project. However, the Supreme Court ruled that under the current Local Government Code, an ordinance enacted by the local legislative body is required to exercise eminent domain, not just a resolution. A resolution is not the same as an ordinance and does not have the force of law. While a previous case and implementing rules indicated a resolution was sufficient, those were issued under a previous local government code that was no longer in effect. The current Local Government Code takes precedence over any conflicting administrative rules.

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    Case Digests

    Uploaded by

    Ian Jala Calmares
    60 views1 page
    The municipality of Parañaque sought to exercise its power of eminent domain based on a resolution by its municipal council to acquire property for a public works project. However, the Supreme Court ruled that under the current Local Government Code, an ordinance enacted by the local legislative body is required to exercise eminent domain, not just a resolution. A resolution is not the same as an ordinance and does not have the force of law. While a previous case and implementing rules indicated a resolution was sufficient, those were issued under a previous local government code that was no longer in effect. The current Local Government Code takes precedence over any conflicting administrative rules.

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    The municipality of Parañaque sought to exercise its power of eminent domain based on a resolution by its municipal council to acquire property for a public works project. However, the Supreme Court ruled that under the current Local Government Code, an ordinance enacted by the local legislative body is required to exercise eminent domain, not just a resolution. A resolution is not the same as an ordinance and does not have the force of law. While a previous case and implementing rules indicated a resolution was sufficient, those were issued under a previous local government code that was no longer in effect. The current Local Government Code takes precedence over any conflicting administrative rules.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    60 views1 page

    Case Digests

    Uploaded by

    Ian Jala Calmares
    The municipality of Parañaque sought to exercise its power of eminent domain based on a resolution by its municipal council to acquire property for a public works project. However, the Supreme Court ruled that under the current Local Government Code, an ordinance enacted by the local legislative body is required to exercise eminent domain, not just a resolution. A resolution is not the same as an ordinance and does not have the force of law. While a previous case and implementing rules indicated a resolution was sufficient, those were issued under a previous local government code that was no longer in effect. The current Local Government Code takes precedence over any conflicting administrative rules.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    MUNICIPALITY OF PARAAQUE VS. VM REALTY CORPORATION [292 SCRA 676; G. R. NO.

    127820; 20 JUL 1998] Facts: Petitioner sought to exercise its power of eminent domainbased on
    a resolution by the municipal council. Petitioner cites a previous case wherein a resolution gave authority to exercise eminent domain. Petitioner also relies on the Implementing Rules, which provides that a resolution authorizes a Local Government Unit toexercise eminent domain.

    Issue:

    Whether

    or to

    Not a

    an

    LGU

    can exercise its by its

    power

    of eminent body.

    domain pursuant

    resolution

    law-making

    Held:

    Under

    Section

    19,

    of

    the present Local Government Code

    (RA

    7160), it is stated as the first requisite that LGUs can exercise its power of eminent domain if there is an ordinance enacted by its legislative body enabling the municipal chief executive. A resolution is not an ordinance, the former is only an opinion of a law-making body, the latter is a law. The case cited by Petitioner involves BP 337, which was the previous Local Government Code, which is obviously no longer in effect. RA 7160 prevails over the Implementing Rules, the former being the law itself and the latter only an administrative rule which cannot amend the former.

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