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THIRD DIVISION
The Court ruled that the basis for the exercise of the power of
SYNOPSIS
October
13,
1994,
the
Sangguniang
Panglungsod
of
domain may not be exercised unless a valid and definite offer has
been previously made to the owner, and such offer was not
motion to dismiss. The trial court denied the said motion and
proper court, based on the fair market value at the time of the
taking
of
the
property.
In
the
present
case,
the
City
of
property
by
means
of
resolution,
in
contravention of the first requisite. The law in this case is clear and
petitioners'
Page
over
property
shall
not
be
taken
for
public
use
without
just
be
overemphasized.
In City
of
Manila
vs.
Chinese
need and advance the general welfare. Thus, the right of eminent
and cases cited [73 Am. Dec., 576].) The statutory power of taking
property for the public use do not by implication grant the power
from the owner without his consent is one of the most delicate
3
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been previously made to the owner, and such offer was not
accepted; Provided, further, That the local government unit may
other public entities and public utilities, although the scope of this
for the benefits of the poor and the landless, upon payment of just
domain may not be exercised unless a valid and definite offer has
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the
just
of
poor
and
compensation,
the
as
landless.
required
3.
There
under
is
Section
payment
9,
of
Article
III
9. REMEDIAL
LAW;
SPECIAL
CIVIL
ACTION;
EXPROPRIATION;
complaint;
by
petitioner's
insistence
that
the
terms
"resolution"
and
(2)
the
second
phase
is
concerned
with
the
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only
after
the
court
has
determined
the
amount
of
just
its
chief
executive
to
initiate
complaint is filed the plaintiff shall already have the right to enter
surely prevails over said rule which merely seeks to implement it.
with the court at least fifteen percent (15%) of the fair market
power of eminent domain, the chief executive of the LGU must act
filing by the latter of the complaint with the proper court, and not
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with
14. REMEDIAL
LAW;
SPECIAL
CIVIL
ACTION;
EXPROPRIATION;
existing
improvements
thereon
more
Accordingly,
in
order
to
ascertain
the
just
DECISION
GONZAGA-REYES, J p:
In
this
petition
for
review
on certiorari under
Rule
45,
SO ORDERED. 2
petitioners 1 pray for the reversal of the Order dated July 28, 1998
of
the
expropriation
was
the
expansion
of
the
January 20, 1995 offering to buy his property, but Suguitan refused
sell. 4 Consequently,
Mandaluyong
filed
on
to
Page
March
complaint 5 for
13,
1995,
the
expropriation
city
with
of
the
Regional Trial Court of Pasig. The case was docketed as SCA No.
875.
(IRR) of
RA 7160, a
resolution
is
sufficient
Mandaluyong's
a "resolution" empowering
initiate
motion to dismiss. 7
thereafter
such
power
of
the
expropriation
when
the
eminent
City
domain,
Mayor
proceedings
court
has
to
and
already
to
be
paid
for
the
property
the
payment
of
the
expropriated
property.
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which
would
otherwise
be
without
limit.17 Thus,
our
unit in such case, but does not dispense with the necessity of an
property
tenacity,
without
the
necessity
for
constitutional
recognition. 16 The
is
held
and
by
individuals
none
is
with
greater
guarded
by
individual
without
his
consent,
the
plain
interpretation.
(Bensley
9
Page
vs.
pursuant
to
the
pertinent
provisions
of
laws; Provided,
10
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accepted. 25
concerned:
authorizing
the
local
chief
domain
proceedings
or
pursue
over
expropriation
particular
private
property.
2. The power of eminent domain is exercised for
public use, purpose or welfare, or for the
benefit of the poor and the landless.
character,
but
resolution
is
decided
otherwise
by
majority
of
all
11
(2) the
second phase
determination
Page
by
the
is concerned
court
of
with
the
the
just
Clearly,
initial finding by the court that the plaintiff has a lawful right to
although
the
determination
and
award
of
just
whether or not the plaintiff has properly and legally exercised its
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It should be noted, however, that our ruling in this case will not
Code
real,
we quote hereunder:
and
the
IRR,
which
is
more
apparent
than
Implementing
Rules,
which
requires
only
Footnotes
1.Alberto Suguitan passed away on October 2, 1998. On
November 25, 1998 the Court allowed the heirs of Alberto
Saguitan to substitute the latter as petitioner.
2.Rollo, 17-18.
3.
mere
oversight
in
the
wording
of
the
REPUBLIKA NG PILIPINAS
13
Lungsod Ng Mandaluyong
Page
SANGGUNIANG PANLUNGSOD
(sgd.)
WILLIARD S. WONG
Sanggunian Secretary
ATTESTED: APPROVED
(sgd.) (sgd.)
RAMON M. GUZMAN BENJAMIN S. ABALOS
Vice-Mayor Mayor
Presiding Officer On: OCT 19 1994
4.Rollo, 59.
5.Ibid., 20-25.
6.Ibid., 26-37.
7.Ibid., 60; RTC Records, 86.
8.Ibid., 60-62.
9.Otherwise known as the "Local Government Code of 1991"
(hereinafter, "[the] Code").
10.Rollo, 8.
11.Ibid., 15.
14
13.Ibid., 10.
Page
12.Ibid., 50-51.
26.Id.
30.Id.