Asean pacific planners vs city of urdaneta gr no

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Unformatted text preview: nguish between the grant of a license or permit to do business and the issuance of a license to engage in the practice of a particular profession. A: LICENSE/PERMIT TO DO BUSINESS Granted by the local authorities Authorizes the person to engage in the business or some form of commercial activity LICENSE TO ENGAGE IN A PROFESSION Board or Commission tasked to regulate the particular profession Authorizes a natural person to engage in the practice or exercise of his or her profession Note: A business permit cannot, by the imposition of condition, be used to regulate the practice of a profession. (Acebedo Optical v. CA, G.R. No. 100152, Mar. 31, 2000) 2.b. Eminent Domain Q: What are the requisites for a valid exercise of power of eminent domain by LGU? A: OPOC 1. An Ordinance is enacted by the local legislative council authorizing the local chief executive, in behalf of the local government unit, to exercise the power of eminent domain or pursue expropriation proceeding over a particular property. Note: A resolution will not suffice for a LGU to be able to expropriate private property; a municipal ordinance is different from a resolution in that an ordinance is a law while a resolution is merely a declaration of the sentiment or opinion of a lawmaking authority on a specific matter. 2. For Public use, purpose or welfare of for the benefit of the poor or landless 3. Payment of just Compensation 4. A valid and definite Offer has been previously made to the owner of the property sought to be expropriated, but said offer was not accepted. (Municipality of Paranaque vs. V.M. Realty Corporation G.R. No. 127820. July 20, 1998) Q. What are the due process requirements in eminent domain? A: Offer must be in writing specifying: 1. Property sought to be acquired 2. The reason for the acquisition 3. The price offered Note: a. If owner accepts offer: a contract of sale will be executed b. If owner accepts but at a higher price: Local chief executive shall call a conference for the purpose of reaching an agreemen...
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