Sps.

Yusay
Reso vs Ordinance
- Ordinance
o Identify land
o Public purpose
o Authority of mayor/ governor
Negotiate- Deed of absolute sale
Expropriate- institute action in court
o Provide funds (just compensation
o Certification from the treasurer that funds are available
GSIS vs City of Manila
- Being an instrumentality of govt., It is exempted from payment of taxes except for properties
w/c are being leased for a fee.
San Juan
- Bldg Permit issued by LGU infrastructure projects must get permits from LGU
o Private
o Government
Dagupan
- National road w/in jurisdiction of LGU is the responsibility of said LGU
Teotico
- Maintainance of raods/streets is the responsibility of LGU
Palafox
- Performance of govt function of employees of LGU exempts LGU from death or injury of the
victim.

Libalility under contracts

1. Vicencio
a. Limitations on power of vice mayor under an ordinance
b. Vicencio does not benefit from the ordinance allowin then vice mayor Quiambao
c. Ordinance was for limited period for specific funds
2. Tiwi vs Betito
a. Payment of real property taxes
b. Who has the right to claim tax from Napocor
c. Engagement of service of private counsel
d. Issue: can private counsel claim payment of professional fees under contract to
represent mun. of tiwi
i. Yes, LGU was bound by contract when the mayor was authorized to do so
3. Fajardo vs. Lim
a. Holding of balance of payment for a property acquired by city government by the
former administration
b. Issue: WON the city govt may be compelled to honor contract
i. Yes, mayor must honor contract

Boracay foundation vs Province of Aklan

- Writ of Kalikasan is proper since it is mandatory that prior consultation is done
- Read also chavez vs PEA
o All reclaimed areas belong to the govt

Sampiano vs Indar
- Gen. Rule on issuance of IRA: automatic but courts may scrutinize the proper release of funds
Carpio vs Exec Sec
- Professionalizing the police force
- Grievance procedure under NAPOLCOM
Ignacio vs Banate
- Local autonomy, only uly elected brgy ch & K.B. have the right to choose who will be ex-officio
member of the Sangunian
Sanggunian Barangay of Don Mariano
- Only the court can remove persons guilty of graft and corruption
Abella vs Comelec
- Residence of candidate in question
- Spouse removed since not actual resident
- There was substitution
- SC, you cant substitute since principal who is disqualified

Frivaldo vs Comelec
- Frivaldo was duly elected governor
- Oppositor: frivaldo cannot be governor, he is naturalized US citizen
- SC: On the day of election, can still be qualified, not on filing of CoCs
Maquiling
- Process of repatriation
- Taking of oath
- Used American Visa again and thus voided Filipino citizenship

Jalosjos vs. Comelec

- Conviction of ac crime of robbery
- Availed of probation
- Violated his probation for which his probation was charged & convicted by the Sandigayan
Bayan for allowing Jalosjos to violate the terms of his probation
Moreno vs Comelec (Contrast with Jalosjos vs Comelec) [Probation]
- Moreno was qualified as he was faithfully served his probation
ZAlaga vs Comelec (contrast with Sandoval vs Comelec) [2nd placer rule]
- Regular election
- 3 term rule
- COC not valid ergo no valid substitution can take place
- Rule on succession will apply
- 2nd placer did not obtain the necessary votes to truly determine the will of the people
Macquiling vs. Comelec (contrast with Zalaga vs Comelec) [2nd placer rule]
- Naturalized American citizen
- Repatriated
o RA 9225
o Took allegiance before the Phil Flag
- COC not valid
o Travelled 4 times using his US passport after he was repatriated
nd
- 2 was declared winner
Cayat vs Comelec
- Conviction of a crime involving moral turpitude will disqualify a winner
- Qualifications must be perfected on the date of election
Bernardo et al vs Abalos et al
- There is no electioneering if acts complained of are done outside the campaign period
Unda vs Comelec
- Substitution of parties in an election case
- A party who either stands to benefit or to lose a right is a proper party

Macalingcay & carlos vs. chang

- Control & supervision over local treasurer by DOF secretary
- COA findings as basis for DOF secretary to put a local treasurer under preventive suspension
o Not penalty
o Preserve integrity of evidence & to avoid the suspension officer to have any influence on
the outcome of the case
Abundo vs Comelec
-

1st term: ok
2nd term: ok but after election contest [not fully served]
3rd term: ok
Issue: can he still run for another term after serving 3rd term? What is the effect of voluntary &
involuntary interruption on the 3-term bar rule?
Held: Yes, 2nd term was involuntary delay