1.

NATURE OF GENERAL WELFARE

-Police Power is inherent in the state but not in Municipal Corporations. Before exercising, there must
be a valid delegation of power by the legislature through express delegation of inferred by the mere fact
of creation of the municipal corporations.

-Delegate’s power to LGU in statutory form. Liberally construed by the courts.

-has two branches

1. attached to the main trunk of municipal authority and relates to ordinances and regulations to effect
and discharge powers and duties conferred by municipal council by law

2. independent of the specific functions of the council enumerated by law. Authorizes enactment of
ordinances to provide for the health and safety, promote posterity, improve morals, peace, good,
comfort and convenience of the municipality and inhabitants thereof and for the protection of the
property therein

2. Eminent Domain

-power to take private property for public use by the state, municipalities and private persons or
corporations authorized to exercise functions of public character.

-legislative in nature but may validly delegated to LGUs in accordance with strict compliance as provided
by law

Requirements:

1. Enactment of ordinance by local legislative council authorizing local chief executive to exercise
power of eminent domain
2. Power must be exercised for public use, purpose & welfare
3. Payment for just compensation
4. Valid and definite offer made to owner and offer was not accepted

Expropriation cannot be made in pursuant to a resolution as municipal ordinance is different

from resolution.

3. Resolution-merely a declaration of the sentiment or opinion of a lawmaking body on a specific matter.

Temporary in nature. Unless otherwise decided by majority of all Sangguniang members.

Ordinance is a law. Possess general and permanent character. Enacted differently. Third reading is
necessary.

4.Public use- public advantage, convenience,benefit,which tends to contribute to the general welfare
and prosperity of the whole community.

5. JUST COMPENSATION- market value which should be paid or that sum of money which a person
desirous but not compelled to buy and an owner willing to but not compelled to sell would agree on as a
price to be given and received therefore. (Eslaban Jr vs De Onorio)
6. TAKING-actually deprived or disposed of his property; when there is a practical destruction or
material impairment of the value of property, deprived of his ordinary use.

7.LAND USE-manner of utilization of land including allocation, development & management

8. LAND USE CONVERSION- act or process of changing the current use of piece of agricultural land into
some other use as approved by DAR.

--requires investigation & conferences of the occupants of land

-factual findings & highly technical matters

-doctrine of primary jurisdiction does not warrant a court to arrogate itself authority to resolve
controversy the jurisdiction over which is initially lodged with an administrative body of special
competence

City/Municipality through ordinance passed by SG after public hearing .

1. Land ceases to be economically feasible and sound for agricultural purposes as determined by
DAR
2. Substantially greater economic value for residential, commercial or industrial purposes as
determined by SG concerned in accordance with the rules provided in the limits under Section
20.

9. GOVERNMENT UNITS- serve as instrumentalities of state carrying out functions of government.- serve
as agency of the community in the administration of local affairs

2 fold character

1. Public, governmental or political

2. Corporate,private,proprietary

GOVERNMENT POWERS- exercised in administering powers of the state and promoting public welfare.
Includes the 3 branches.

Corporate Powers- exercised for the special benefit and advantage of community.