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    Statcon Digest

    Uploaded by

    Maricar Bautista
    This document summarizes 4 court cases related to local ordinances and criminal charges. The first case ruled that the Local Tax Code publication requirements governed over the Revised City Charter for a Manila tax ordinance. The second involved a petition for declaratory relief regarding a Manila ordinance. The third involved a libel charge where the petitioner argued the judge lacked jurisdiction. The fourth involved Garcia versus Pascual but no other details were provided.

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    Statcon Digest

    Uploaded by

    Maricar Bautista
    111 views2 pages
    This document summarizes 4 court cases related to local ordinances and criminal charges. The first case ruled that the Local Tax Code publication requirements governed over the Revised City Charter for a Manila tax ordinance. The second involved a petition for declaratory relief regarding a Manila ordinance. The third involved a libel charge where the petitioner argued the judge lacked jurisdiction. The fourth involved Garcia versus Pascual but no other details were provided.

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    Statcon Digest (2)

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    This document summarizes 4 court cases related to local ordinances and criminal charges. The first case ruled that the Local Tax Code publication requirements governed over the Revised City Charter for a Manila tax ordinance. The second involved a petition for declaratory relief regarding a Manila ordinance. The third involved a libel charge where the petitioner argued the judge lacked jurisdiction. The fourth involved Garcia versus Pascual but no other details were provided.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    111 views2 pages

    Statcon Digest

    Uploaded by

    Maricar Bautista
    This document summarizes 4 court cases related to local ordinances and criminal charges. The first case ruled that the Local Tax Code publication requirements governed over the Revised City Charter for a Manila tax ordinance. The second involved a petition for declaratory relief regarding a Manila ordinance. The third involved a libel charge where the petitioner argued the judge lacked jurisdiction. The fourth involved Garcia versus Pascual but no other details were provided.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Case #1 Bagatsing VS Ramirez SC: Valid Ordinance

    Facts: Reversed and Set Aside RTC Decision


    Jun 12 1974: Enacted Ordinance No. 7522- Review on certiorari was filed by petitioners
    Regulation for Public Market Operations and Petition is Meritorious
    Fees. The RCC requires publication before the enactment
    Such Ordinance is approved by the Petitioner, and after the approval in two daily newspapers of
    Manila City Mayor Ramon Bagatsing. general circulation, while Local Tax Code only
    Feb 17 1975: Manila Market Vendors, prescribes publication after approval of in a
    respondents, filed the nullification of Ordinance newspaper or publication widely circulated within
    No. 7522 for the ff. contentions: the jurisdiction of the local government or by
    posting it in the local legislative hall or premises
    a) Publication requirement is not complied and in two other conspicuous places within the
    b) Market committee was deprived of participation territorial jurisdiction of the local government
    in the enactment, according to RA 6039 Petitioners complied Local Tax Code
    c) Sec 3 of Anti-Graft and Corrupt Practices Act is
    violated RCC LTC
    d) It violates PD 7 Sep 30 1972, collection of fees Special Act General Law
    and charges on livestock and animal products. Only for Manila For all Local Gov.
    Ordinance in General Ordinance in Particular
    RTC: Void Ordinance June 18 1949 June 01 1973
    Non-Compliance to Publication Requirement
    Revised City Charter prescribes publication of
    Mar 11 1975: Writ of preliminary injunction of "ordinance" in general, while Local Tax Code rules
    respondents is denied due to their failure to the publication of "ordinance levying or imposing
    exhaust admin. remedies outlined in the Local taxes fees or other charges" in particular
    Tax Code Therefore to ordinances in general, the RCC is
    Aug 29 1975: Ordinance No 7522 was declared doubtless dominant but its force loses when it
    null and void for non-compliance w/ approaches the realm of particularity of LTC
    requirement of publication under Revised City Exhausting Admin Remedies was violated accdg to
    Charter LTC Sec 47 bc it requires opinion of the city fiscal
    It was only posted at legislative hall, all city for questions about the tax ordinance but the
    public markets and city public libraries but not respondents brought direct suit in the court
    published in 2 daily newspaper of general It doesnt violate PD 7 as LTC permits the collection
    circulation in the City of Manila. of proper fees for livestock authorized by the
    Petitioners moved for reconsideration for the Secretary of Agriculture and Natural Resources.
    ff. contentions: The function of the committee is purely
    recommendatory, its recommendation is without
    a) Only post-publication is required in Local binding effect on the Municipal Board and Mayor
    Tax Code Respondents contested that fees imposed will be
    b) It failed to exhaust all admin remedies for the private use of Asia Integrated Corp. through
    before instituting an action in court. a Management and Operating Contract
    It didnt violated Sec 3 of Anti-Graft and Corrupt
    Sep 36 1975: The motion was denied Practices Act because the increased rates of market
    stall fees as levied by the ordinance will necessarily
    ISSUE: WON Revised City Charter or Local Tax Code inure to the unwarranted benefit and advantage of
    will govern the Publication of Tax Ordinance in the the corporation.
    case at bar Ordinance No. 7522 was not made for the Corp.
    but for the purpose of raising revenues for the City.
    Case #2 Lagman VS City of Manila et al
    Facts:

    Aug 6 1964: Benedicto Lagman filed Petition for


    Declatory Relief

    Case #3 Manzano VS Valera


    Facts:

    Petition for Certiorari and Prohibition with


    Temporary Restraining Order bc of Criminal Libel.
    Criminal Case No 5728 was alleged decided with
    lack of jurisdiction by Judge Redentor Valera
    Juanito Manzano, a Senior Police Officer, was
    charged with malicious intent to expose Vilma
    Bobila (Complainant prior), an employee of BIR, to
    public ridicule.
    Manzano, entered and written in PNP, Bangued
    Police Station Blotter (Public Record) false,
    malicious and highly defamatory statement against
    Bobila.
    Bobila made grave threats using threatening
    remarks against SPO1 Manzano during her visit in
    the Police Station.

    Qouted from the PNP BPS Blotter:

    "ADDANTO PANAGPATINGGAYO NGA KASTA


    NGATATTAO, and at the same time she allegedly
    raise (sic) her palm and made a sign across her
    neck which according to said reported (sic) it was a
    clear sign she wants somebody among the BPP
    personnel be (sic) killed"

    (sic = false)

    Assistant Provincial Prosecutor Valera, supported


    the arguments of the petitioners and asked the
    entire records of the case be elevated to RTC from
    MTC.
    Motion to Dismiss the case of Libel and Motion of
    Reconsideration was both denied by Judge Valera.

    Case #4 Garcia VS Pascual


    Facts:

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