angelic moo

Republic Act No. 9716 separated eight out of its ten towns comprising a legislative district and renamed them as another district.  Thereafter, a provincial board member was elected to the same position for the third and fourth time, but now in representation of the renamed district. The Supreme Court in Naval v. Commission on Elections [1] held that the fourth election was a violation of the three-term limit rule because the renamed district is the same one which brought him to office. The Supreme Court added that the actual difference in the population of the old Second District from that of the current Third District amounts to less than 10% of the population of the latter. This fact renders “the new Third District as essentially, although not literally, the same as the old Second District.” [1] Naval v. Commission on Elections, G.R. No. 207851, July 8, 2014. 

Exemplary damages and attorney’s fees should be awarded to the landowner if the government takes possession of the property for a prolonged period of time without properly initiating expropriation proceedings. [1] [1] Sy v. Local Government of Quezon City, G.R. No. 202690, June 05, 2013.

The Local Government Code of 1991 may have mandated shared duties over environmental issues [1] but the latter’s role regarding pollution seems limited. The Barangay Chairman may “[e] nforce laws and regulations relating to pollution control and protection of the environment.” [2] Municipalities, cities, and provinces may “impose appropriate penalties for “activities which result in pollution.” [3] [1] See Republic Act No. 7160, § 17(b)(2)(ii). See also Ruzol v. Sandiganbayan, G.R. Nos. 186739-960, April 17, 2013. [2] Republic Act No. 7160, § 389 (b)(9). [3] See Republic Act No. 7160, §§ 447 (a) (1) (vi), 458 (a) (1) (vi), and 468 (a) (1) (vi).

There is a n unorthodox Supreme Court decision involving the zoning of lands where the Court seems to have arrogated the power to determine what would benefit the general welfare of the inhabitants of Manila. The case stemmed from a series of zoning ordinances dealing with the presence of oil depots. In 20 01, th e Sangguniang enacted Ordinance No. 8027 to mandate their removal of oil depots. In 2009, the Sanggunian, with a different party in control, enacted Ordinance No. 8187 in favor of the retention of the oil depots. In 2012, again with a change in the council’s membership, the sanggunian enacted Ordinance No. 8283 to give the oil depots until the end of January 2016 within which to transfer to another site.  Former Mayor Lim vetoed the last ordinance. There the Court said: The fact remains, however, that notwithstanding that the conditions with respect to the operations of the oil depots existing prior to the enactment of Ordinance No. 8027 do not substantially differ...

The Subic   Bay   Metropolitan   Authority ( SBMA) was given broad administrative powers over the Subic Special Economic Zone (SSEZ). These powers include the power to approve or disapprove projects within its territorial jurisdiction. The Local Government Code grants concerned sanggunians the power to approve and disapprove the same projects. To resolve this conflict the Supreme Court examined Section 12 of Republic Act No. 7227 or the Bases Conversion and Development Act of 1992 : SECTION 12. Subic Special Economic Zone . — Subject to the concurrence by resolution of the  sangguniang panlungsod  of the City of Olongapo and the sangguniang bayan  of the Municipalities of Subic, Morong and Hermosa, there is hereby created a Special Economic and Free-port Zone consisting of the City of Olongapo and the Municipality of Subic, Province of Zambales, the lands occupied by the Subic Naval Base and its contiguous extensions as embraced, covered, and defined b...

The fair market value of expropriated property does not merely equate to its market value as may be specified in the land’s tax declaration. In expropriation proceedings, just compensation is defined as the full and fair equivalent of the property taken from its owner by the expropriator. If just compensation in expropriations were to be determined merely from tax declarations, then the constitution of a board of commissioners that should determine the expropriated property's fair market value would not have been necessary. [1] [1] See the Supreme Court’s minute resolution in City Government of Valenzuela v. Gatchalian, G.R. No. 209369, January 28, 2015.