Practice question
An LGU concedes that necessity was never assessed before taking an owner’s land. It proposes to invent a public-need justification only afterward and says timing can never matter. Which principle from Masikip responds?
- Ascertainment of genuine necessity must precede or accompany the taking
- Necessity must always be invented after taking
- A completed taking extinguishes every constitutional requirement
- Any later press statement conclusively cures the defect
- The owner’s objection eliminates the need for proof
Legal references
- RA7160 Local Government Code: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html Section19 provisional-possession deposit.
- Masikip v. City of Pasig, GR136349, January23 2006, main decision: https://lawphil.net/judjuris/juri2006/jan2006/gr_136349_2006.html Genuine necessity and public-use holdings.
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