Practice question
A municipal council adopts only a resolution authorizing its mayor to file an expropriation case. The municipality relies on Section 19 and has enacted no ordinance. What is the defect?
- The municipality must instead use a national executive order.
- No defect exists because all council acts are interchangeable.
- Only provinces can expropriate.
- A rejected offer automatically replaces an ordinance.
- The required ordinance authorizing exercise of eminent domain is absent.
Legal references
- RA 7160, Section 19, eminent domain: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
- Municipality of Parañaque v. V.M. Realty Corp., G.R. No. 127820, July 20, 1998, main decision: https://lawphil.net/judjuris/juri1998/jul1998/gr_127820_1998.html
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