Municipality of Parañ aque v. V. M.

Realty Corporation

Facts: Petitioner sought to exercise its power of eminent domain based 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 to exercise
eminent domain.

Issue: Whether or Not an LGU can exercise its power of eminent domain pursuant to a
resolution by its law-making body.

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Local Government Code, which is obviously no longer in effect.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.