3. Powers of LGUs Questions: Do LGUs possess inherent powers? Do LGUs possess inherent powers? What can and cannot be done by LGUs? What can and cannot.

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Presentation transcript:

3. Powers of LGUs Questions: Do LGUs possess inherent powers? Do LGUs possess inherent powers? What can and cannot be done by LGUs? What can and cannot be done by LGUs? What are the requisites for valid exercise of police power and eminent domain? What are the requisites for valid exercise of police power and eminent domain? Can a LGU order the closure of an establishment? Can a LGU order the closure of an establishment?

3.1 Police Power of LGUs Can or Cannot be Done? 1. Prohibit establishment of PAGCOR casinos 2. Prohibit setting up of PCSO lotto outlets 3. Regulate Jai Alai frontons 4. Regulate professions regulated by PRC 5. Operate dumpsites in violation of environmental standards 6. Issue drivers’ licenses 7. Register motor vehicles 8. Regulate or Tax jueteng

3.1 Police Power of LGUs 9. Prohibit the operation or establishment of massage parlors, beerhouses, motels, etc. in a certain area/ road 10. Order the closure of a bank not performing illegal activities for non-payment of taxes 11. Padlocking of an establishment without according owner due process 12. Allow 3 cockpits 13. Declare a bus terminal a nuisance per se and order its closure 14. Demolition of a building without court order 15. Enact zoning ordinance

3.1 Police Power of LGUs 16. Ban Rallies 17. Lease of public plaza 18. Deny issuance of mayor’s permit 19. Mayor not remove oil terminals per ordinance 20. Require relocation of oil depots 21. Flood control

3.1 Police Power of LGUs LGUs have no inherent powers LGUs have no inherent powers Delegated to all LGUs Delegated to all LGUs Basis of Police Power: General Welfare Clause Basis of Police Power: General Welfare Clause Reason for Delegation: Dual Agency Reason for Delegation: Dual Agency 2 Requisites: Lawful Subject (equal protection; public interest requires interference) and Lawful Method (due process; reasonable means = purpose) 2 Requisites: Lawful Subject (equal protection; public interest requires interference) and Lawful Method (due process; reasonable means = purpose) 2 Branches: General Legislative and Police Power Proper 2 Branches: General Legislative and Police Power Proper

3.2 Eminent Domain Definition: Taking, Private Property, Public Purpose, Just Compensation Definition: Taking, Private Property, Public Purpose, Just Compensation Compared to Police Power: Taking (transfer of business; portion for indigent - ED; zoning - PP) Compared to Police Power: Taking (transfer of business; portion for indigent - ED; zoning - PP) Not Inherent; Delegated; ‘Inferior’ Domain Not Inherent; Delegated; ‘Inferior’ Domain Limitations: Observance of due process and Payment of just compensation (strict construction) Limitations: Observance of due process and Payment of just compensation (strict construction) Foundation: genuine public necessity (others willing to sell; other facilities available) Foundation: genuine public necessity (others willing to sell; other facilities available)

3.2 Eminent Domain Enabling Measure: Ordinance (Not Resolution) Enabling Measure: Ordinance (Not Resolution) LGU Branch: Legislative and Executive LGU Branch: Legislative and Executive Reason stated in Ordinance Reason stated in Ordinance Ordinance before Expropriation case Ordinance before Expropriation case RTC has jurisdiction RTC has jurisdiction Valid and definite offer Valid and definite offer Comply with Constitution and Statutes (e.g. UDHA) Comply with Constitution and Statutes (e.g. UDHA) Immediate Entry: Sufficiency in Form & Substance and Provisional Deposit; Determination of public purpose not required Immediate Entry: Sufficiency in Form & Substance and Provisional Deposit; Determination of public purpose not required

3.2 Eminent Domain Role of Higher-Reviewing LGU: Question of Law - Within Scope, Followed Procedure, Not Choice of Property Role of Higher-Reviewing LGU: Question of Law - Within Scope, Followed Procedure, Not Choice of Property Role of Courts (RTC): Necessity, Choice of Property, Just Compensation, Requirements, Compel Execution/ Payment Role of Courts (RTC): Necessity, Choice of Property, Just Compensation, Requirements, Compel Execution/ Payment Role of NGAs: DA/ DAR approval not required (agricultural land) Role of NGAs: DA/ DAR approval not required (agricultural land)

3.2 Eminent Domain Eminent Domain ZoningReclassifyConversion Taking Police Power AdministrativAdministrativ Change of Owner No Change Any Land Agri to Non-Agri Change in Use of Land No Actual Change Change in Use of Land All LGUs (P)/C/MC/MDAR