Reclassification of agricultural land

Conditions
1. Ordinance
2. Public hearings (notices should be posted)
3. Provide for the manner of utilization/disposition
4. Comply with limitations: 15% (highly urbanized cities), 10%, 5% (which may be increased by the
President authorizing the LGU)
Stages of Reclassification (police power function)
1. Agricultural
2. Residential
3. Commercial
4. Industrial
Grounds
1. Land Ceases to be economically feasible and sound for agriculture
2. Land has substantially greater economic value for residential, commercial, or industrial
(endorsed by Sanggunian)

*for existing residential-zoning ordinance
For existing residential, etc.: zoning ordinance
Case
What happened to the pending cases to the DARAB after conversion of the land?
-The DARAB will not be extinguished of its jurisdiction even there is a supervening event.
Closure or opening of Roads:
Kinds
1. Temporary- ordinance(majority quorum) for non urgent (this can be for local road)
Written Order of Chief exec- for urgent (this can be for local and national road)
2. Permanent- Ordinance (2/3 of members)- provide for adequate substitution for the facility-
provision for the maintenance of public safety- Freedom park, provision for educational/site
(happens only for loca road)

Add: Macasiano doctrine a. due process b. circumstance show that the property is no longer intended or
necessary for public use.
Closure of Roads
What happens to the road etc. permanently withdrawn from the public? Become patrimonial property
In closure there is no compensation (domnum absque injuria) and it is discretionary, it cannot be
compelled through mandamus (there might be injunction, if tainted with grave abuse of discretion)
Corporate Powers
Corporate
-Signifies distinct and separate personality of the LGU.
-Signifies that as an entity it generally acts through a governing body through legislative body.


Case:
The municipality of Pinatukdao is sued for damages arising from injuries sustained by a pedestrian who
was hit by a glass that fell from a dilapidated window frame of the municipal hall. The municipality files a
motion to dismiss the complaint, invoking state immunity from suit. Resolve the motion with reasons.

Answer: The local government code provides that lgu has the right to sue and to be sued.

Represented by accountable public officers
LGU that dont have attorney- either provincial attorney or prosecutor.
City-City attorney
Province- Provincial attorney

Private lawyer- Conflict of interest as when two municipalities
Co-counsel of a private lawyer- it cannot be done.

How may the LGU sue

Through
1. LCE-authorized
2. Representatives (councilors)

LGU properties may be held in
a. Governmental capacity (property for public use) or
b. Proprietary capacity (patrimonial property)
Guide
a. Article 424
b. How acquire? Private fund-private, public fund-public
c. Purpose
Determinants of Funds sources, the use
After reclamation- private
Fees derive from municipal water- can be subject except to renting of this municipal land
Fees derive from markets- cannot be subject
Lgu only allowed to reclaimed foreshore land
Process of reclamation-
Approval
Declare A and D
Title issued to the NEDA then transfer to the LGU
Only chartered and municipalities are authorized to reclaim foreshore land- now NEDA with Pnoy


Requisites for Validity of Contracts
a. The local government unit must have the power to enter into the particular contract. (public
bidding)
b. Prior authorization by the sanggunian- through a resolution and a legible copy of the contract
shall be posted at a conspicuous place in the provincial capitol of the city municipal or barangay
hall
-is appropriation considered as authorization?
-it depends, if there is a provision therein which specifically covers the expense to the incurred or the
contract to be entered into, then it is considered as authorization, however if the ordinance describe the
projects in generic terms the then the appropriation is not considered as authorization.
c. Actual expropriation and a certificate of availability of funds by the treasurer of the local
government unit (except in the case of a contract for supplies to be carried in stock)
d. The contract must conform with the formal requisites of written contracts prescribed by law.

- The Supreme Court did not declare the contract null and void ab initio for the reason that
appropriation for the project can be made subsequent to the execution of the contract.
If binulto- cover the expense at one expropriation
If anam-anam- cover the expense in the contract only at that expropriation year.
Effects of non-compliance
1-3 ultra vires act, not ratifiable
2-4- ultra vires act, ratifiable

Liability for Damages
Enjoin all judges to observe utmost caution, prudence and judiciousness in the issuance of writs of
execution to satisfy money judgments against government agencies, and local government units.
Reason
-no public fund shall be garnished without appropriation law
-the interest of a creditor is subordinate to the public use.

Problem answer
1.) consent- express consent in the lgc or charter
2.) Ownership is not relevant- as long it is under the control and supervision of the lgc, it is liable except
to damage to property.
How to determine if the road or property is under the control of LGC
1. Under the charter
2. Excavation or roads
What if market? (proprietary function- not relevant however there is another theory (determine first)
1. City engineer provision
2. Contract

Article 2189 is a specific law compare to charters
VII. Liability for Damages
Article 34 NCC
Article 2189 NCC
Article 24 LGC
How consent to liability?
1.) if government entered into a contract? Regardless if the contract is proprietary or governmental
2.) Special agent- one who performs that does not normally pertains to his office.