The court interpreted this section referring to all

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Unformatted text preview: RENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. LOCAL GOVERNMENTS A: 1. 2. 3. In the absence of proof that the property was acquired through corporate or private funds, the presumption is that it came from the State upon the creation of the municipality and, thus, is governmental or public property. (Salas vs. Jarencio, G.R. No. L‐29788, August 30, 1972; Rabuco vs. Villegas, G.R. No. L‐24661, February 28, 1974) Town plazas are properties of public dominion; they may be occupied temporarily, but only for the duration of an emergency (Espiritu vs. Municipal Council of Pozorrubio, Pangasinan, G.R. No. L‐11014, January 21, 1958). Public plazas are beyond the commerce of man, and cannot be the subject of lease or other contractual undertaking. And, even assuming the existence of a valid lease of the public plaza or part thereof, the municipal resolution effectively terminated the agreement, for it is settled that the police power cannot be surrendered or bargained away through the medium of a contract. (Villanueva vs. Castaneda, G.R. No. L‐61311, September 2l, 1987) Q: Who has the authority to negotiate and secure grants? A: The local chief executive may, upon authority of the sanggunian, negotiate and secure financial grants or donations in kind, in support of the basic services and facilities enumerated under Sec. 17, R.A. 7160 from local and foreign assistance agencies without necessity of securing clearance or approval of any department, agency, or office of the national government or from any higher local government unit; Provided that projects financed by such grants or assistance with national security implications shall be approved by the national agency concerned. 2.g. Municipal Li...
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