Category Archives: Sangguniang Bayan

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

Under Section 443(a) and (d) of Republic Act (R.A.) No. 7160 or the Local Government Code, the head of a department or office in the municipal government, such as the Municipal Budget Officer, shall be appointed by the mayor with the concurrence of the majority of all Sangguniang Bayan members subject to civil service law, rules and regulations.

 Hence, the instant Petition raising the sole issue of whether the appointment of petitioner as Municipal Budget Officer, without the written concurrence of the Sanggunian, but duly approved by the CSC and after the appointee had served as such for almost … Continue reading

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The only ground upon which a provincial board may declare any municipal resolution, ordinance, or order invalid is when such resolution, ordinance, or order is ‘beyond the powers conferred upon the council or president making the same. Absolutely no other ground is recognized by the law.

Eminent domain, the power which the Municipality of Bunawan exercised in the instant case, is a fundamental State power that is inseparable from sovereignty.[14] It is government’s right to appropriate, in the nature of a compulsory sale to the State, private … Continue reading

Posted in Eminent Domain, Expropriation, LGU, Sangguniang Bayan, Sangguniang Panlalawigan | Tagged | Leave a comment