MUNICIPALITY OF PARAAQUE VS. VM REALTY CORPORATION [292 SCRA 676; G. R. NO.

127820; 20 JUL 1998] Facts: Petitioner sought to exercise its power of eminent domainbased on
a resolution by the municipal council. Petitioner cites a previous case wherein a resolution gave authority to exercise eminent domain. Petitioner also relies on the Implementing Rules, which provides that a resolution authorizes a Local Government Unit toexercise eminent domain.

Issue:

Whether

or to

Not a

an

LGU

can exercise its by its

power

of eminent body.

domain pursuant

resolution

law-making

Held:

Under

Section

19,

of

the present Local Government Code

(RA

7160), it is stated as the first requisite that LGUs can exercise its power of eminent domain if there is an ordinance enacted by its legislative body enabling the municipal chief executive. A resolution is not an ordinance, the former is only an opinion of a law-making body, the latter is a law. The case cited by Petitioner involves BP 337, which was the previous Local Government Code, which is obviously no longer in effect. RA 7160 prevails over the Implementing Rules, the former being the law itself and the latter only an administrative rule which cannot amend the former.