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BARANGAY SINDALAN v. CA

This case has been cited 2 times or more.

2013-12-03
DEL CASTILLO, J.
In case of conflict, the law must prevail. A "regulation adopted pursuant to law is law." Conversely, a regulation or any portion thereof not adopted pursuant to law is no law and has neither the force nor the effect of law.[7]
2009-12-04
BERSAMIN, J.
The Court was even more emphatic in Barangay Sindalan, San Fernando Pampanga v. Court of Appeals[34] when it reiterated that the power of eminent domain can only be exercised for public use and with just compensation. It cautioned that taking an individual's private property is a deprivation which can only be justified by a higher good - which is public use - and can only be counterbalanced by just compensation. Without these safeguards, the taking of property would not only be unlawful, immoral and null and void, but would also constitute a gross and condemnable transgression of an individual's basic right to property as well.