Category Archives: Sangguniang Panlalawigan

Can the mayor be compelled by writ of mandamus to perform discretionary function?

Posted on July 31, 2015 by Erineus

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?

Posted on July 26, 2015 by Erineus

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?

Posted on July 25, 2015 by Erineus

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

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.

Posted on July 26, 2011 by Erineus

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