Category Archives: Definitions

Can the mayor be compelled by writ of mandamus to perform discretionary function?

Posted on July 31, 2015 by Erineus

The crux of the instant controversy is whether respondent mayor can be compelled by a writ of mandamus to grant petitioners application for a renewal of a business permit to operate an arrastre service at the Municipal Port of Hilongos … Continue reading →

Posted in Definitions, Distinction, Distretionary Duties, LGC, LGU, Mayor, Miinisterial Duties, Ordinance, Permit, Question and Answers, Resolutions, Sangguniang Panlalawigan, Writ of Mandamus | Tagged , , , , | Leave a comment

Is proof of ownership of the confiscated marijuana necessary?

Posted on March 7, 2015 by Erineus

In her defense, appellant averred that the packages she was carrying did not belong to her but to a neighbor who had asked her to carry the same for him. This contention, however, is of no consequence. When an accused … Continue reading →

Posted in Dangerous Drug Act, Definitions, Malum Prohibitum | Tagged , , | Leave a comment

“Arrest” defined

Posted on July 25, 2014 by Erineus

Arrest is the taking of a person into custody in order that he or she may be bound to answer for the commission of an offense.[10] It is effected by an actual restraint of the person to be arrested or … Continue reading →

Posted in Arrest, Definition of arrest, Definitions | Tagged | Leave a comment

Is Section 5(f) of Republic Act No. 7924 creating the Metropolitan Manila Development Authority (MMDA), which authorizes it to confiscate and suspend or revoke driver’s licenses in the enforcement of traffic laws and regulations valid?

Posted on July 25, 2014 by Erineus

The MMDA is not vested with police power. In Metro Manila Development Authority v. Bel-Air Village Association, Inc.,[14] we categorically stated that Rep. Act No. 7924 does not grant the MMDA with police power, let alone legislative power, and that … Continue reading →

Posted in Definitions, Legislation, Legislature, LGU, MMDA, Police Power, Political Law | Tagged , , | Leave a comment

Whether under the present set up (LGC) the power of the Land Registration Office (“LTO”) to register, tricycles in particular, as well as to issue licenses for the driving thereof, has likewise devolved to local government units?

Posted on July 22, 2014 by Erineus

Coming up to this Court, petitioners raise this sole assignment of error, to wit: Oldmisâ o “The Court of Appeals [has] erred in sustaining the validity of the writ of injunction issued by the trial court which enjoined LTO from … Continue reading →

Posted in Definitions, DOTC, Land Transportation and Traffic Code, LGU, LTFRB, LTO, Question and Answers, Quotations | Tagged , , , , , | Leave a comment