Category Archives: Definitions

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

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?

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

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“Arrest” defined

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

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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?

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

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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?

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

Subrogation Defined

Article 2207 of the Civil Code reads: Art. 2207. If the plaintiff’s property has been insured and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained … Continue reading

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Expropriation for agrarian reform requires the payment of just compensation

Expropriation for agrarian reform requires the payment of  just compensation The LBP claims that the just compensation in this case should be determined within the context of the article on social justice found in the 1987 Constitution. In the LBP’s … Continue reading

Posted in Agrarian Reform, CARP, DAR, Definitions, Expropriation, Land Bank, Statutory Construction | Tagged | Leave a comment