Category Archives: Ordinance

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

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

Procedural due process is required for a valid ordinance

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

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Elements of fairness and reasonableness is required for a valid ordinance

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

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Adherence to the constitutional guaranty of due process of law is required for valid ordinance

Compliance of Ordinance No. 1664with the substantive requirements The first substantive requirement for a valid ordinance is the adherence to the constitutional guaranty of due process of law. The guaranty is embedded in Article III, Section 1 of the Constitution, … Continue reading

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Police power is lodged primarily in the National Legislature but it may be delegated

Compliance of Ordinance No. 1664 with the formal requirements Was the enactment of Ordinance No. 1664 within the corporate powers of the LGU of the City of Cebu? The answer is in the affirmative. Indeed, with no issues being hereby … Continue reading

Posted in Delegation, Legislation, Legislature, LGU, Ordinance, Police Power, Political Law | Tagged , , , | Leave a comment

Tests for a valid ordinance

In City of Manila v. Laguio, Jr.,18 the Court restates the tests of a valid ordinance thusly: The tests of a valid ordinance are well established. A long line of decisions has held that for an ordinance to be valid, … Continue reading

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