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Showing 1–24 of 57 articles for “ordinance”

Zoning vs Vested Rights: When Local Ordinances Clash With National Policy

Supreme Court rules on Quezon City zoning ordinance vs Manila Seedling Bank's usufructuary rights over national government property.

Balancing Local Autonomy and National Law: The Limits of Municipal Power Over Water Resources

The Supreme Court nullified Batangas City's desalination ordinance, ruling that local governments cannot regulate water resources already governed by national law.

Nuisance Per Se and Local Police Power: The Biñan Hog Farm Ordinance Ruling

The Supreme Court upheld Biñan's ordinance phasing out large hog farms near homes, treating foul odors as a nuisance per se abatable through local police power.

Freedom of Expression vs Obscenity: The Limits of Local Ordinances in the Philippines

The Supreme Court explains when courts may review local anti-obscenity ordinances and why facial challenges face strict limits.

Land Reclassification and Zoning Ordinances Prevail Over CARP Coverage

When a local government reclassifies land as non-agricultural before June 15, 1988, and the HLURB ratifies it, the property may be exempt from agrarian reform coverage.

Regulatory Fees vs Taxes: When Local Government Impositions Are Valid

The Supreme Court clarifies the distinction between regulatory fees and taxes in local ordinances, and the burden of proving invalidity.

Tax Ordinance Enactment: Presumption of Validity and Notice Requirements

The Supreme Court clarifies when a real property valuation ordinance is a tax ordinance and what notice rules apply.

Obscenity Laws vs. Free Speech: The Madrilejos Ruling on Manila Ordinance 7780

The Supreme Court’s Madrilejos ruling clarifies how Philippine obscenity laws must balance regulation with constitutionally protected free expression.

Speed Limits and Local Governance: When Public Safety Measures Fail Legal Scrutiny

The Supreme Court voids a municipal speed limit ordinance for non-compliance with publication and RA 4136, underscoring the rule of law in local governance.

When an Appropriation Ordinance Is Enough: Mayor's Consultancy Contracts Upheld

Supreme Court clarifies when a line-item in an appropriation ordinance suffices as prior authorization for a mayor's contracts.

Private Roads and Public Use: When a Local Ordinance Cannot Convert Private Property

A local ordinance cannot convert a private road into public property without donation, purchase, or expropriation. The Supreme Court explains.

Optional Positions and Local Government Authority: Budgetary Allocation Required for Municipal Appointments

The Supreme Court clarifies that appointments to optional LGU positions like the MENRO require both sanggunian concurrence and a valid appropriation ordinance.

Curfew Laws and Minors' Rights: Balancing State Protection and Individual Freedoms

The Supreme Court upholds juvenile curfew ordinances in Quezon City, Manila, and Navotas, balancing state protection with minors' rights.

Local Autonomy vs National Authority: The Limits of Police Power Over Water Resources

Supreme Court strikes down Batangas City ordinance requiring desalination plants, ruling LGUs cannot regulate water resources reserved to the NWRB.

Mayor's Permit vs. Local Ordinance: Court Upholds Ombudsman's Power in Anti-Graft Cases

Supreme Court affirms Ombudsman's finding of probable cause against a mayor who issued a firecracker permit despite a local ordinance banning it.

Challenging Real Property Tax Ordinances: The Iloilo Case and the Rule on Exhaustion of Remedies

The Supreme Court dismissed a direct challenge to Iloilo City's real property tax ordinance, reaffirming that taxpayers must first exhaust administrative remedies before going to court.

Injunctions Protecting Rights Upholding Due Process and Ensuring Fair Legal Proceedings

The Supreme Court dismisses a direct challenge to Iloilo City's real property tax ordinance, reaffirming the need to exhaust administrative remedies and observe the hierarchy of courts.

Upholding Public Safety: Supreme Court Invalidates Ordinance Permitting Oil Depots in Densely Populated Area

The Supreme Court strikes down Manila Ordinance No. 8187 for allowing oil depots to remain in densely populated Pandacan, reaffirming the primacy of public safety and health.

Land Reclassification and CARP Coverage: Prior Zoning Determines Exemption

When does a zoning ordinance exempt land from agrarian reform? The Supreme Court clarifies the rules on land classification and CARP coverage.

No-Build Zones and National Permits: What Aquino v. Malay Means for Developers

The Supreme Court ruled that a DENR permit does not override local no-build zone ordinances. Here's what developers must know.

Double Taxation: Manila's Local Tax Ordinance and the Limits of Revenue Power

When a city taxes the same business twice under the same ordinance, courts will step in. Learn the double taxation rule from this Supreme Court case.

Land Conversion and Agrarian Reform: Prior Zoning Ordinances Prevail

Supreme Court rules lands reclassified as non-agricultural before the CARL's effectivity are exempt from agrarian reform coverage.

Upholding Local Autonomy: The Constitutionality of Vehicle Immobilization Ordinances

The Supreme Court upheld Cebu City's vehicle immobilization ordinance as a valid exercise of police power, clarifying due process requirements for traffic enforcement.

Prescription Period for Ordinance Violations: Filing the Complaint vs. the Information

When does prescription run for ordinance violations? The Supreme Court clarifies whether filing a complaint with the prosecutor interrupts the period.