They are: (1) the expropriator must enter a private property; (2) the entry must be for more than a momentary period. (3) the entry must be under warrant or color of legal authority; (4) the property must be devoted to public use or otherwise informally appropriated or injuriously affected; (5) […]
Howard
1748 posts
Presidential Immunity From Suit In the 1973 Constitution, Sec 17, Art 7 thereof provides: The President shall be immune from suit during his tenure. Thereafter, no suit shall lie for official acts done by him or by others pursuant to his specific orders during his tenure. The above provision has […]
The Supreme Court noted that for an ordinance to be valid, it must not only be within the corporate powers of the local government unit to enact and must be passed according to the procedure prescribed by law, it must also conform to the following substantive requirements: (1) must not […]
G.R. No. 157882 – 520 Phil. 457 – 485 SCRA 586 – Political Law – Constitutional Law – Police Power – Eminent Domain In 1987, EO 279 was promulgated which allowed the DENR Secretary to allow foreign corporations to conduct mining explorations in the Philippines. In 1994, the government […]
G.R. No. L-61311 – 238 Phil. 136 – 154 SCRA 142 – Political Law – Police Power Cannot Be Bargained Away Through a ContractCivil Law – Law on Property – A public plaza is beyond the commerce of man In 1961, the municipal council of San Fernando, Pampanga, through a […]
G.R. No. L-59234 – 202 Phil. 925 – 119 SCRA 597 – Political Law – Constitutional Law – Police Power Petitioner Taxicab Operators of Metro Manila, Inc. (TOMMI) is a domestic corporation composed of taxicab operators, who are grantees of Certificates of Public Convenience to operate taxicabs within the City […]
G.R. No. L-5060 – 15 Phil. 85 – Political Law – Police Power – Limitations on Private Ownership – General Welfare Sometime in the 1900s, Toribio applied for a permit to have his carabao slaughtered for human consumption. His request was denied because his carabao was found not unfit […]
G.R. No. L-49112 – 177 Phil. 160 – 88 SCRA 195 – Political Law – Constitutional Law – Generally Accepted Principles of International Law – Police Power Agustin is the owner of a Volkswagen Beetle Car. He is assailing the validity of Letter of Instruction No 229 which requires […]
G.R. No. L-7995 – 101 Phil. 1155 – Political Law – Constitutional Law – Treaties May Be Superseded by Municipal Laws in the Exercise of Police Power – Police Power could not bargained away through a treaty Lao Ichong is a Chinese businessman who entered the country to take […]
G.R. No. 120095 – 329 Phil. 87 – 260 SCRA 319 – Political Law – Constitutional Law – Police Power Due to the death of one Maricris Sioson in 1991, Cory banned the deployment of performing artists to Japan and other destinations. This was relaxed however with the introduction […]
G.R. No. 118127 – 495 Phil. 289 – 455 SCRA 308 – Political Law – Constitutional Law – Police Power On 30 March 1993, Manila Mayor Alfredo Lim signed into law Ordinance No. 7783 entitled AN ORDINANCE PROHIBITING THE ESTABLISHMENT OR OPERATION OF BUSINESSES PROVIDING CERTAIN FORMS OF AMUSEMENT, ENTERTAINMENT, […]
G.R. No. 122846 – 596 Phil. 444 – 576 SCRA 416 – Political Law – Constitutional Law – Police Power – Not Validly Exercised – Infringement of Private Rights On 3 Dec 1992, then Mayor Lim signed into law Ordinance No. 7774 entitled “An Ordinance prohibiting short time admission […]
G.R. No. 160026 – 564 Phil. 520 – 539 SCRA 564 – Civil Law – Credit Transactions – Credit Card – Credit Card Fees – Interest Rate – Penalty Edmerito Gobonseng subscribed for a credit card with Unibancard Corporation. The credit limit was P10k a month. The terms of the […]
G.R. Nos. 82282-83 – 249 Phil. 739 – 167 SCRA 815 – Civil Law – Credit Transactions – Continuing Surety In 1980, Dynetics Inc., through its president, acquired a P25M export loan from Security Bank. In 1982, a credit accommodation (SWAP loan) was opened by Security Bank in favor of […]
They are: (1) the existence of a previous valid obligation; (2) the agreement of all parties to the new contract; (3) the extinguishment of the old contract; and (4) the validity of the new one.
Novation may either be express, when the new obligation declares in unequivocal terms that the old obligation is extinguished; or implied, when the new obligation is on every point incompatible with the old one. Express novation takes place when the contracting parties expressly disclose that their object in making the […]