3. 3. Powers of LGUsPowers of LGUs

Questions:Questions: Do LGUs possess Do LGUs possess inherent powersinherent powers?? What What can and cannot be donecan and cannot be done by by

LGUs?LGUs? What are the What are the requisitesrequisites for valid for valid

exercise of police power and eminent exercise of police power and eminent domain?domain?

Can a LGU order the Can a LGU order the closureclosure of an of an establishment?establishment?

3.1 3.1 Police Power of Police Power of LGUsLGUsCan or Cannot be Done?Can or Cannot be Done?1.1. Prohibit establishment of PAGCOR casinosProhibit establishment of PAGCOR casinos2.2. Prohibit setting up of PCSO lotto outletsProhibit setting up of PCSO lotto outlets3.3. Regulate Jai Alai frontonsRegulate Jai Alai frontons4.4. Regulate professions regulated by PRCRegulate professions regulated by PRC5.5. Operate dumpsites in violation of Operate dumpsites in violation of

environmental standardsenvironmental standards6.6. Issue drivers’ licensesIssue drivers’ licenses7.7. Register motor vehiclesRegister motor vehicles8.8. Regulate or Tax juetengRegulate or Tax jueteng

3.1 3.1 Police Power of Police Power of LGUsLGUs9.9. Prohibit the operation or establishment of Prohibit the operation or establishment of

massage parlors, beerhouses, motels, etc. massage parlors, beerhouses, motels, etc. in a certain area/ roadin a certain area/ road

10.10. Order the closure of a bank not performing Order the closure of a bank not performing illegal activities for non-payment of taxesillegal activities for non-payment of taxes

11.11. Padlocking of an establishment without Padlocking of an establishment without according owner due processaccording owner due process

12.12. Allow 3 cockpitsAllow 3 cockpits13.13. Declare a bus terminal a nuisance per se Declare a bus terminal a nuisance per se

and order its closureand order its closure14.14. Demolition of a building without court orderDemolition of a building without court order15.15. Enact zoning ordinanceEnact zoning ordinance

3.1 3.1 Police Power of Police Power of LGUsLGUs16.16. Ban RalliesBan Rallies17.17. Lease of public plazaLease of public plaza18.18. Deny issuance of mayor’s permitDeny issuance of mayor’s permit19.19. Mayor not remove oil terminals per Mayor not remove oil terminals per

ordinanceordinance20.20. Require relocation of oil depotsRequire relocation of oil depots21.21. Flood controlFlood control

3.1 3.1 Police Power of Police Power of LGUsLGUs LGUs have LGUs have no inherent powersno inherent powers DelegatedDelegated to all LGUs to all LGUs Basis of Police Power:Basis of Police Power: General General

Welfare ClauseWelfare Clause Reason for Delegation:Reason for Delegation: Dual Agency Dual Agency 2 Requisites:2 Requisites: Lawful Subject (equal Lawful Subject (equal

protection; public interest requires protection; public interest requires interference) interference) andand Lawful Method (due Lawful Method (due process; reasonable means = purpose)process; reasonable means = purpose)

2 Branches:2 Branches: General Legislative and General Legislative and Police Power ProperPolice Power Proper

3.2 3.2 Eminent DomainEminent Domain Definition:Definition: Taking, Private Property, Public Taking, Private Property, Public

Purpose, Just CompensationPurpose, Just Compensation Compared to Police Power:Compared to Police Power: Taking Taking

(transfer of business; portion for indigent - ED; (transfer of business; portion for indigent - ED; zoning - PP)zoning - PP)

Not Inherent; Delegated; Not Inherent; Delegated; ‘Inferior’ Domain‘Inferior’ Domain Limitations:Limitations: Observance of due process and Observance of due process and

Payment of just compensation (strict Payment of just compensation (strict construction)construction)

Foundation:Foundation: genuine public necessity (others genuine public necessity (others willing to sell; other facilities available)willing to sell; other facilities available)

3.2 3.2 Eminent DomainEminent Domain Enabling Measure:Enabling Measure: Ordinance (Not Ordinance (Not

Resolution)Resolution) LGU BranchLGU Branch: Legislative and Executive: Legislative and Executive ReasonReason stated in Ordinance stated in Ordinance Ordinance Ordinance beforebefore Expropriation case Expropriation case RTCRTC has jurisdiction has jurisdiction Valid and definite Valid and definite offeroffer Comply with Constitution and Comply with Constitution and StatutesStatutes (e.g. (e.g.

UDHA)UDHA) Immediate Entry:Immediate Entry: Sufficiency in Form & Sufficiency in Form &

Substance and Provisional Deposit; Substance and Provisional Deposit; Determination of public purpose not requiredDetermination of public purpose not required

3.2 3.2 Eminent DomainEminent Domain Role of Higher-Reviewing LGU: Role of Higher-Reviewing LGU:

Question of Law - Within Scope, Followed Question of Law - Within Scope, Followed Procedure, Not Choice of PropertyProcedure, Not Choice of Property

Role of Courts (RTC):Role of Courts (RTC): Necessity, Necessity, Choice of Property, Just Compensation, Choice of Property, Just Compensation, Requirements, Compel Execution/ Requirements, Compel Execution/ PaymentPayment

Role of NGAs:Role of NGAs: DA/ DAR approval not DA/ DAR approval not required (agricultural land)required (agricultural land)

3.2 3.2 Eminent DomainEminent DomainEminent Eminent DomainDomain

ZoningZoning ReclassifyReclassify ConversioConversionn

TakingTaking Police Police PowerPower

AdministratAdministrativiv

AdministratiAdministrativv

Change of Change of OwnerOwner

No ChangeNo Change No ChangeNo Change No ChangeNo Change

Any LandAny Land Any LandAny Land Agri to Agri to Non-AgriNon-Agri

Agri to Agri to Non-AgriNon-Agri

Change in Change in Use of LandUse of Land

No Actual No Actual ChangeChange

No Actual No Actual ChangeChange

Change in Change in Use of LandUse of Land

All LGUsAll LGUs (P)/C/M(P)/C/M C/MC/M DARDAR