Category Archives: LGU

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

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

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?

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 it legal to modify the permit to rally without informing the applicant?

Section 6 of the Public Assembly Act reads: Section 6. Action to be taken on the application – (a) It shall be the duty of the mayor or any official acting in his behalf to issue or grant a permit … Continue reading

Posted in Batas Pambansa No. 880, Constitutional Law, Constitutional Rights, LGU, Public Assembly Act | Tagged , , , , | Leave a comment

The compulsory process of arbitration is a pre-condition for the filing of the complaint in court

Undeniably, both petitioner Agbayani and respondent Genabe are residents of Las Piñas City and both work at the RTC, and the incident which is the subject matter of the case happened in their workplace.[25] Agbayani’s complaint should have undergone the … Continue reading

Posted in Arbitration, Complaint/Information, Katarungan Pambarangay, LGU | Tagged , , | Leave a comment