html5-img
1 / 9

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?

annice
Télécharger la présentation

3. Powers of LGUs

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related