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3. Powers of LGUs

3. Powers of LGUs. Questions: Do LGUs possess inherent powers ? What can and cannot be done by LGUs? What are the requisites for valid exercise of police power and eminent domain? Can a LGU order the closure of an establishment?. 3.1 Police Power of LGUs. Can or Cannot be Done?

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3. Powers of LGUs

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

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

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

  4. 3.1 Police Power of LGUs • Ban Rallies • Lease of public plaza • Deny issuance of mayor’s permit • Mayor not remove oil terminals per ordinance • Require relocation of oil depots • Flood control

  5. 3.1 Police Power of LGUs • LGUs have no inherent powers • Delegated to all LGUs • Basis of Police Power: General Welfare Clause • Reason for Delegation: Dual Agency • 2 Requisites: Lawful Subject (equal protection; public interest requires interference) andLawful Method (due process; reasonable means = purpose) • 2 Branches: General Legislative and Police Power Proper

  6. 3.2 Eminent Domain • Definition: Taking, Private Property, Public Purpose, Just Compensation • Compared to Police Power: Taking (transfer of business; portion for indigent - ED; zoning - PP) • Not Inherent; Delegated; ‘Inferior’ Domain • Limitations: Observance of due process and Payment of just compensation (strict construction) • Foundation: genuine public necessity (others willing to sell; other facilities available)

  7. 3.2 Eminent Domain • Enabling Measure: Ordinance (Not Resolution) • LGU Branch: Legislative and Executive • Reason stated in Ordinance • Ordinance before Expropriation case • RTC has jurisdiction • Valid and definite offer • Comply with Constitution and Statutes (e.g. UDHA) • Immediate Entry: Sufficiency in Form & Substance and Provisional Deposit; Determination of public purpose not required

  8. 3.2 Eminent Domain • 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 NGAs: DA/ DAR approval not required (agricultural land)

  9. 3.2 Eminent Domain

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