“Taking” under the concept of eminent domain is entering upon private property for more than a momentary period, and, under the warrant or color of legal authority, devoting it to a public use, or otherwise informally appropriating or injuriously affecting it in such a way as to substantially […]
Daily Archives: November 22, 2010
14 posts
Police Power vs Eminent Domain The power of eminent domain is the inherent right of the state (and of those entities to which the power has been lawfully delegated) to condemn private property to public use upon payment of just compensation. On the other hand, police power is the […]
They are: (1) the expropriator must enter a private property; (2) the entry must be for more than a momentary period. (3) the entry must be under warrant or color of legal authority; (4) the property must be devoted to public use or otherwise informally appropriated or injuriously affected; […]
Presidential Immunity From Suit In the 1973 Constitution, Sec 17, Art 7 thereof provides: The President shall be immune from suit during his tenure. Thereafter, no suit shall lie for official acts done by him or by others pursuant to his specific orders during his tenure. The above provision […]
The Supreme Court noted that for an ordinance to be valid, it must not only be within the corporate powers of the local government unit to enact and must be passed according to the procedure prescribed by law, it must also conform to the following substantive requirements: (1) must […]
G.R. No. 157882 – 485 SCRA 586 – Police Power – Eminent Domain In 1987, Cory rolled out EO 279 w/c empowered DENR to stipulate with foreign companies when it comes to either technical or financial large scale exploration or mining. In 1995, Ramos signed into law RA 7942 […]
G.R. No. L-61311 – 154 SCRA 142 – Political Law – Police Power Cannot Be Bargained Away Through a Contract There is in the vicinity of the public market of San Fernando, Pampanga, along Mercado Street, a strip of land measuring 12 by 77 meters on which stands a […]
G.R. No. L-59234 – 119 SCRA 597 – Political Law – Constitutional Law – Police Power Petitioner Taxicab Operators of Metro Manila, Inc. (TOMMI) is a domestic corporation composed of taxicab operators, who are grantees of Certificates of Public Convenience to operate taxicabs within the City of Manila and […]
G.R. No. L-5060 – 15 Phil. 85 – Political Law – Police Power – Limitations on Private Ownership – General Welfare Sometime in the 1900s, Toribio applied for a permit to have his carabao slaughtered for human consumption. His request was denied because his carabao was found not unfit […]
G.R. No. L-49112 – 88 SCRA 195 – Political Law – Constitutional Law – Generally Accepted Principles of International Law – Police Power Agustin is the owner of a Volkswagen Beetle Car. He is assailing the validity of Letter of Instruction No 229 which requires all motor vehicles to […]
G.R. No. L-7995 – 101 Phil. 1155 – Political Law – Constitutional Law – Treaties May Be Superseded by Municipal Laws in the Exercise of Police Power Lao Ichong is a Chinese businessman who entered the country to take advantage of business opportunities herein abound (then) – particularly in […]
G.R. No. 120095 – 260 SCRA 319 – Political Law – Constitutional Law – Police Power Due to the death of one Maricris Sioson in 1991, Cory banned the deployment of performing artists to Japan and other destinations. This was relaxed however with the introduction of the Entertainment Industry […]
G.R. No. 118127 – 455 SCRA 308 – Political Law – Constitutional Law – Police Power On 30 Mar 1993, Mayor Lim signed into law Ord 7783 entitled AN ORDINANCE PROHIBITING THE ESTABLISHMENT OR OPERATION OF BUSINESSES PROVIDING CERTAIN FORMS OF AMUSEMENT, ENTERTAINMENT, SERVICES AND FACILITIES IN THE ERMITA-MALATE […]
G.R. No. 122846 – 576 SCRA 416 – Political Law – Constitutional Law – Police Power – Not Validly Exercised – Infringement of Private Rights On 3 Dec 1992, then Mayor Lim signed into law Ord 7774 entitled “An Ordinance prohibiting short time admission in hotels, motels, lodging houses, […]