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G.R. No. 168967 February 12, 2010 The Sangguniang Bayan of the Municipality of Panay issued Resolution No.

95-29 authorizing the municipal government through the mayor to initiate

CITY OF ILOILO represented by HON. JERRYG.R. No. 168967 expropriation proceedings. A petition for expropriation was thereafter filed
February 12, 2010 on April 14, 1997 by the Municipality of Panay (respondent) before the
Regional Trial Court (RTC).
CITY OF ILOILO represented by HON. JERRY P. TREAS, City Mayor,
Petitioner, Petitioners filed a Motion to Dismiss alleging that the taking is not for public
vs. use but only for the benefit of certain individuals; that it is politically
HON. LOLITA CONTRERAS-BESANA, Presiding Judge, Regional Trial Court, motivated because petitioners voted against the incumbent mayor and vice-
Branch 32, and ELPIDIO JAVELLANA, Respondents. mayor; and that some of the supposed beneficiaries of the land sought to be
expropriated have not actually signed a petition asking for the property but
Facts: their signatures were forged or they were misled into signing the same.
On September 18, 1981, petitioner filed a Complaint for eminent domain
against private Elpidio T. Javellana and Southern Negros Development Bank. Issue:
(as mortgagee). It sought to expropriate two parcels of land registered in
Javellanas name to be used as a school site for Lapaz High School. Petitioner Whether the Municipal Government of Panay exercise the power of Eminent
alleged that the Subject Property was declared to have a value of P60.00 per Domain is being exercised in accordance with the delegating law under the
square meter, or a total value of 43,560.00. existence of legislative grant in favor of local governments.

*Javellana admitted ownership of the Subject Property but denied the Ruling:
petitioners public purposebecause there was already had an existing school
site for Lapaz High School. Javellana also claimed that the true fair market While power of Eminent Domain may be validly delegated to local
value of his property was no less than P220.00 per square meter. government units (LGUs), other public entities and public utilities the
exercise of such power by the delegated entities is not absolute. In fact, the
*Petitioner filed a Motion for Issuance of Writ of Possession, alleging that it scope of delegated legislative power is narrower than that of the delegating
had deposited the amount of P40,000.00 with the Philippine National Bank- authority and such entities may exercise the power to expropriate private
Iloilo Branch. Petitioner claimed that it was entitled to the immediate property only when authorized by Congress and subject to its control and
possession of the Subject Property, citing Section 1 of Presidential Decree restraints imposed through the law conferring the power or in other
No. 1533,8 after it had deposited an amount equivalent to 10% of the legislations. Indeed, LGUs by themselves have no inherent power of eminent
amount of compensation. domain. Thus, strictly speaking, the power of eminent domain delegated to
an LGU is in reality not eminent but "inferior" since it must conform to the
*Javellana filed an Opposition to the Motion for the Issuance of Writ of limits imposed by the delegation and thus partakes only of a share in
Possession citing the same grounds he raised in his Answer that the city eminent domain.
already had a vast tract of land where its existing school site was located, and
the deposit of a mere 10% of the Subject Propertys tax valuation was grossly Indeed, despite the existence of legislative grant in favor of local
inadequate. governments, it is still the duty of the courts to determine whether the
power of eminent domain is being exercised in accordance with the
*On May 17, 1983, the trial court issued an Order which granted petitioners delegating law.
Motion for Issuance of Writ of Possession and authorized the petitioner to
take immediate possession of the Subject Property. The subject Property was A resolution will not suffice for an LGU to be able to expropriate private
used as the site for Lapaz National High school. property; and the reason for this is settled because a municipal ordinance is
different from a resolution. An ordinance is a law, but a resolution is merely a
Sixteen years later, on April 17, 2000, Javellana filed an Ex Parte declaration of the sentiment or opinion of a lawmaking body on a specific
Motion/Manifestation, where he alleged that when he finally sought to matter. An ordinance possesses a general and permanent character, but a
withdraw the P40,000.00 allegedly deposited by the petitioner, he resolution is temporary in nature. Additionally, the two are enacted
discovered that no such deposit was ever made. Private respondent thus differently -- a third reading is necessary for an ordinance, but not for a
demanded his just compensation as well as interest. resolution, unless decided otherwise by a majority of all the Sanggunian

At what point should just compensation for the property taken be

determined? Is it as of the filing of the complaint for expropration or the
time the plaintiff takes possession of the property?


Hust compensation is to be ascertained as of the time of the taking, which

usually coincides with the commencement of the expropriation proceedings.
Where the institution of the action precedes entry into the property, the just
compensation is to be ascertained as of the time of the filing of the

When the taking of the property sought to be expropriated coincides with

the commencement of the expropriation proceedings, or takes place
subsequent to the filing of the complaint for eminent domain, the just
compensation should be determined as of the date of the filing of the

G.R. No. 153974 August 7, 2006


RAMON BELUSO, and AMADA DANIEL, substituted by her heirs represented
by TERESITA ARROBANG, Petitioners,
B. BERMEJO, Respondent.