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Iloilo vs. Legaspi

The case was about a petition filed by the City of Iloilo seeking to nullify a trial court order denying its motion for a writ of possession over a property it sought to expropriate. The city wanted to convert the property into an on-site relocation area for poor residents. The trial court held the city's motion in abeyance until it rested its case. The Supreme Court ruled in favor of the city, stating that as a local government unit, it has the irrefutable right to exercise eminent domain based on the Local Government Code, which allows LGUs to exercise this power for public use or welfare through eminent domain upon payment of just compensation.

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Elyn Apiado
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794 views2 pages

Iloilo vs. Legaspi

The case was about a petition filed by the City of Iloilo seeking to nullify a trial court order denying its motion for a writ of possession over a property it sought to expropriate. The city wanted to convert the property into an on-site relocation area for poor residents. The trial court held the city's motion in abeyance until it rested its case. The Supreme Court ruled in favor of the city, stating that as a local government unit, it has the irrefutable right to exercise eminent domain based on the Local Government Code, which allows LGUs to exercise this power for public use or welfare through eminent domain upon payment of just compensation.

Uploaded by

Elyn Apiado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as ODT, PDF, TXT or read online on Scribd
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ILOILO vs.

LEGASPI
GR No. 154614; November 25, 2004
CHICO-NAZARIO, J.:

STATEMENT OF FACTS:

The Sangguniang Panlungsod of the City of Iloilo on March 7, 2001 enacted regulation
ordinance granting umbrella authority to then Mayor Mansueto A. Malabo to institute
expropriation proceedings on Lot No. 935, registered in the name of Manuela Yusay, located at
barangay Sto. Niño Norte, Arevalo, Iloilo City.
On March 14, 2001, Mayor Malabor wrote Mrs. Sylvia Yusay del Rosario, administration
of the estate, making formal offer to purchase the property for the purpose of converting the same
as an on-site relocation for the poor and landless resident of the city. With apparent refusal to sell
the property, the city represented by Mayor Jerry P. Treñas filed an expropriation case based on
the Power of State on Eminent Domain. Upon the strict compliance to the governing rules on
expropriation, the city of Iloilo argued that it is entitled to an immediate issuance of a writ of
possession.

STATEMENT OF THE CASE:

A Petition for Certiorari and Prohibition with Prayer for Issuance of a Writ of
Preliminary Injunction and Temporary Restraining Order, the City of Iloilo, represented by
Mayor Jerry P. Treñas, seeks the nullification and/or modification of the Order dated 05 June
2002 of Honorable Emilio Legaspi, Presiding Judge, Regional Trial Court, Branch 22, Iloilo City,
denying its Motion for Reconsideration of the court’s Order dated 15 April 2002, holding in
abeyance the resolution of the Motion for Issuance of Writ of Possession until after it shall have
rested its case.
ISSUE:
What is the legal basis of the Local Government Unit to exercise power of eminent domain?

RULING:
 Petitioner has the irrefutable right to exercise its power of eminent domain. It being a
local government unit, the basis for its exercise is granted under Section 19 of Rep. Act No. 7160,
to wit:
Sec. 19 Eminent Domain. - A local government unit may, through its chief executive and
acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose,
or welfare for the benefit of the poor and the landless, upon payment of just compensation,
pursuant to the provisions of the Constitution and pertinent laws.

PRINCIPLES/DOCTRINES:

APIADO, ELYN D.
Local Government has the irrefutable right to exercise its power of eminent domain.

APIADO, ELYN D.

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