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Umali vs. Comelec, GR 203974, April 22, 2014
Umali vs. Comelec, GR 203974, April 22, 2014
urbanized city, who are qualified to cast their votes: the registered voters of
Cabanatuan City only or the registered voters of the province of Nueva Ecija?
Umali vs. Comelec, GR 203974, April 22, 2014
The Court treats the phrase "by the qualified voters therein" in Sec. 453 of the
LGC to mean the qualified voters not only in the city proposed to be converted to
an HUC but also the voters of the political units directly affected by such
conversion – province of Nueva Ecija, in order to harmonize Sec. 453 with Sec.
10, Art. X of the Constitution.
N Whether or not R.A. No. 8562 infringes on the State's underlying policy of local
autonomy for its territorial and political subdivisions? SP of Bataan vs. Cong.
Garcia, G.R. No. 174964, Oct. 5, 2016
No. The State's policy to promote local autonomy and to devolve the
powers of the National Government to its political subdivisions has for its purpose
to improve the quality of local governance.
K Whether or not E.O. No. 567 is unconstitutional for amending Section 17( e ) of
the Local Government Code, which limits devolution of basic services and
facilities to LGUs to only six months after the effectivity of the law? Mangune vs.
Ermita, G.R. No. 182604, Sept. 27, 2016
For administrative acts to be constitutional, it must comply with the following: (1)
Its promulgation must be authorized by the legislature; (2) It must be
promulgated in accordance with the prescribed procedure; (3) It must be within
the scope of the authority given by the legislature; and (4) It must be reasonable.
All such requirements have been complied by EO 567.1
1 (1) E.O. No. 567 was issued pursuant to Section 17 of the Local Government Code
expressly devolving to the local government units the delivery of basic services and
facilities, including health services. It is also the within the President's exercise of
her constitutional power of control over the executive department, including the
DOH.
(2) Petitioners did not question the procedure by which E.0. No. 567 was issued.
(3) One form of decentralization is devolution,58 which involves the transfer of
powers, responsibilities, and resources for the performance of certain functions
N Whether or not the subject parcels of land are patrimonial properties of the
Province of Bataan which cannot be taken without due process of law and
without just compensation? SP of Bataan vs. Cong. Garcia, G.R. No. 174964,
Oct. 5, 2016
They are not patrimonial properties because the petitioner failed to provide proof
that the Province of Bataan acquired them with its own private or corporate funds,
and for this reason the lots must be presumed to belong to the State, citing Salas,
etc., et al. v. Hon. Jarencio, etc., et al.
K Is there legal duty on the part of the City of Manila "to consider" the standards
set under Ordinance No. 8119 insofar as the construction of DMCI-PDI's Torre
de Manila? Knights of Rizal vs. DMCI Homes Inc., G.R. No. 213948, April 25,
2017
N Does the service of a term less than the full three years considered as full
service of the term for purposes of the three term limit rule?
Abundo vs. Comelec, G.R. No. 201716, Jan. 8, 2013
Yes. When the framers of the Constitution drafted and incorporated the three
term limit rule, it is clear that reference is to the term, not the actual length of the
service the public official may render. Therefore, one’s actual service of term no
matter how long or how short is immaterial.
from the central government to the LGUs.59 It has been said that devolution is
indispensable to decentralization.
(4) The transfer of the administration and supervision of TPDH from the DOH to the
City of Taguig aims to provide the City of Taguig the genuine and meaningful
autonomy which would make it an effective and efficient partner in the attainment
of national goals and providing basic health services and facilities to the community.
The reorganization is carried out in good faith and for the purpose of economy or to
make bureaucracy more efficient.
Is the petitioner who filed a valid CoC, but used his USA passport after his
renunciation of foreign citizenship, qualified to run for Mayor?
No because the rule on succession under Section 45 does not apply if the
permanent vacancy was caused by one whose certificate of candidacy was void
ab initio. Specifically with respect to dual citizens, their certificates of candidacy
are void ab initio because they possess "a substantive [disqualifying
circumstance] . . . [existing] prior to the filing of their certificate of candidacy."
Legally, they should not even be considered candidates. The votes casted for
them should be considered stray and should not be counted.
(All told, petitioner Arlene Llena Empaynado Chua is a dual citizen correctly
disqualified from running for the position of Councilor in the Fourth District of
Manila during the 2013 National and Local elections. With her dual citizenship
existing prior to the filing of the certificate of candidacy, her Certificate of
Candidacy was void ab initio. She was correctly considered a non-candidate. All
votes casted for her were stray, and the person legally entitled to the position is
private respondent Krystle Marie C. Bacani, the candidate with the next highest
number of votes among the eligible candidates.)
K Was there legal and factual bases for the Comelec in cancelling the recall
election in Puerto Princesa for “lack of funds”? Goh vs. Bayron & Comelec, G.R.
No. 212584, Nov. 25, 2014
No. Contrary to respondent’s contention, the phrase in the GAA, "Conduct and
supervision of elections and other political exercises" is sufficient to fund the
conduct of recall elections. When COMELEC declared its insufficiency to fund
the recall election, it may augment some of its actual deficiencies in the item for
the "Conduct and supervision of x x x recall votes x x x" in its budget
appropriation.
N Does the City of General Santos have the power to streamline and reorganize
its local government bureaucrat as well as the authority to create a separate or
supplementary retirement benefit plan? City of General Santos vs. COA, G.R.
No. 199439. April 22, 2014
City of General Santos has the power to streamline and reorganize its local govt
bureaucrat pursuant to the power inferred from Section 76 of the Local
Government Code on organizational structure and staffing pattern, and Section
16 otherwise known as the general welfare clause. It cannot however create a
separate or supplementary retirement benefit plan. Such is proscribed by Section
28, paragraph (b) of the Government Service Insurance Act because of the need
to prevent the proliferation of iniquitous plans.
*NOTE however that the benefits provided in the ordinance in the case were not
proscribed, because they do not partake of the nature of supplementary
retirement benefits but a form of separation or severance pay which is an
allowable grant under RA No. 6656.
K Whether or not the RTC has jurisdiction to settle a boundary disputes involving
barangays in the same city or municipality? Barangay Mayamot vs. Antipolo
City, G.R. No. 187349, Aug. 17, 2016
N Whether or not Napocor was liable to pay the assessed franchise tax imposed
under Sec. 137 of R.A. No. 7160 (the Local Government Code of 1991) by virtue
of EPIRA? NPC vs. Province of Bataan, G.R. No. 180654, March 6, 2017