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Recent Posts
- Family Code provisions on substitute parental authority of grandparents
- Family Code provisions on parental authority
- What is a travel clearance for minors?
- What is the reason behind the visitorial right of an illegitimate father over his children?
- Can Father of Illegitimate Child Obtain Custody when Mother is Abroad?
- Can the Father Compel An Illegitimate Child To Use His Surname?
- What are the grounds for petition for guardianship?
- When can an illegitimate child use the surname of his father?
- Does the Use of father’s surname grant legitimacy to child?
- Travel Clearance Required for Travel of Minors Abroad
- The rule is that children older than 7 years old are allowed to state his preference. Is the court bound by such preference?
- Does the law allow a waiver of parental authority?
- In the case a child is taken away without the consent of the single mother, what legal actions can a single mother take?
- What can single mothers do to demand child support from the father?
- What are the specific laws that pertain to child support, especially for single mothers?
Top Posts
- Elements and Penalty of Estafa by Means of Deceit
- Locus Standi
- Moot and Academic
- Environmental Compliance Certificate (ECC)
- The elements of sexual harassment
- What applies in the case of breach of contract is Article 1170 of the Civil Code which reads:Those who in the performance of their obligations are guilty of fraud, negligence or delay, and those who in any manner contravene the tenor thereof, are liable for damages.
- If the person under custody is a minor, those exercising special parental authority are principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor while under their supervision, instruction, or custody
- The mixture of rank-and-file and supervisory employees in petitioner union does not nullify its legal personality as a legitimate labor organization
- Legal Maxims
- The absence of a preliminary investigation does not impair the validity of an information or render it defective. Neither does it affect the jurisdiction of the court or constitute a ground for quashing the information.
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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 ministerial duty and disrectionary duty distinguished, municipal mayor, power to give license and permits, resolution and ordinance distinguished, writ of mandamus
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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 LGC, Municipal Ordinance or Resolution, Sangguniang Panlalawigan, Sangguniang Panlungsod or Sangguniang Bayan, SB, SP, 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?
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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
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
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
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 Legislation, National Legislature, Ordinance, Police power
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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
Posted in Legislation, Legislature, LGU, Ordinance, Political Law
Tagged Tests for a valid ordinance
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