Category Archives: Legislation

Only on what ground does the SP has the power to declare a municipal ordinance or resolution invalid?

Posted on July 26, 2015 by Erineus

Section 153 of B.P. Blg. 337 provides: “Sec. 153. Sangguniang Panlalawigan Review. (1) Within thirty days after receiving copies of approved ordinances, resolutions and executive orders promulgated by the municipal mayor, the sangguniang panlalawigan shall examine the documents or transmit … Continue reading →

Posted in Eminent Domain, Legislation, LGC, LGU, Sangguniang Bayan, Sangguniang Panlalawigan, Sangguniang Panlungsod | Tagged , , , , | Leave a comment

What will happen to the municipal ordinance If no action has been taken by the SP within thirty (30) days after submission of such an ordinance for review?

Posted on July 25, 2015 by Erineus

Section 56 of the LGC provides: SEC. 56. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan. – (a) Within three (3) days after approval, the secretary to the Sangguniang Panlungsod or Sangguniang Bayan shall forward … Continue reading →

Posted in Legislation, LGC, LGU, Ordinance, Question and Answers, Resolution, Sangguniang Bayan, Sangguniang Panlalawigan, Sangguniang Panlungsod | 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

Procedural due process is required for a valid ordinance

Posted on July 25, 2014 by Erineus

Did Ordinance No. 1664 meet the requirements of procedural due process? Notice and hearing are the essential requirements of procedural due process. Yet, there are many instances under our laws in which the absence of one or both of such … Continue reading →

Posted in Legislation, Municipal Ordinance and Statutes, Ordinance, Political Law | Tagged , , , | Leave a comment

Elements of fairness and reasonableness is required for a valid ordinance

Posted on July 25, 2014 by Erineus

The petitioners further assert that drivers or vehicle owners affected by Ordinance No. 1664 like themselves were not accorded the opportunity to protest the clamping, towing, and impounding of the vehicles, or even to be heard and to explain their … Continue reading →

Posted in Constitutional Law, Legislation, LGU, Ordinance, Political Law | Tagged , , , | Leave a comment