Category Archives: Political Law

A license to operate a motor vehicle is a privilege that the state may withhold in the exercise of its police power

A license to operate a motor vehicle is a privilege that the state may withhold in the exercise of its police power. The petitioner correctly points out that a license to operate a motor vehicle is not a property right, … 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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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

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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

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