True or False.
A valid and definite offer to buy a property is a pre-requisite to expropriation initiated by a local government unit. (0.5%)
Re-classification of land by a local government unit may be done through a resolution. (0.5%)
Boundary disputes between and among municipalities in the same province may be filed immediately with the Regional Trial Court. (0.5%)
The Metropolitan Manila Development Authority is authorized to confiscate a driver’s license in the enforcement of traffic regulations. (0.5%)
Suggested answer only. Not an official answer and not legal advice.
1. True; 2. False; 3. False; 4. False. Under Section 19 of the Local Government Code (LGC), LGU expropriation requires a prior valid offer. Section 20 mandates an ordinance for land reclassification.
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Quick check
What is a mandatory prerequisite before a local government unit may file an expropriation complaint?
Section 19 of the Local Government Code mandates a prior valid and definite offer before LGU expropriation.
How must a local government unit lawfully reclassify agricultural land to non-agricultural uses?
Land reclassification by an LGU must be enacted through a formal legislative ordinance under Section 20 of the LGC.
Which body has primary jurisdiction to settle boundary disputes between municipalities in the same province?
Municipal boundary disputes within the same province must first be submitted to the Sangguniang Panlalawigan under Section 118 of the LGC.
Under MMDA v. Garin, does the Metropolitan Manila Development Authority have inherent power to confiscate driver's licenses?
Choices available with full access.
What is the legal nature of a legislative resolution compared to a local ordinance in land reclassification?
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Learn more about these topics
1. LGU Eminent Domain
Under Section 19 of the Local Government Code (RA 7160), a local government unit may exercise the power of eminent domain only after a valid and definite offer to buy the property at a reasonable price has been made to the private owner, and such offer was rejected. This requirement is a mandatory condition precedent designed to protect private property rights before compulsory acquisition proceedings are instituted in court.
2. Reclassification of Land
Under Section 20 of the Local Government Code, a local government unit may reclassify agricultural lands to non-agricultural uses through an enacted ordinance passed by its sanggunian. Reclassification cannot be legally accomplished through a mere legislative resolution. An ordinance is a permanent rule of local law requiring formal enactment procedures, whereas a resolution is merely a declaration of opinion or temporary administrative sentiment.
3. Municipal Boundary Disputes
Section 118 of the Local Government Code mandates that boundary disputes involving municipalities located within the same province must be referred first to the Sangguniang Panlalawigan for amicable settlement. Regional Trial Courts possess appellate jurisdiction over such disputes only after the sanggunian renders a final decision or fails to resolve the matter within the statutory period, prohibiting direct initial filing with the courts.