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The veto must be communicatedtothesanggunianwithin a

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Unformatted text preview: ject sought to be accomplished and not duly oppressive. (Due process clause) Exercisable only within the territorial limits of the LGU, except for protection of water supply (Sec 16, R.A. 7160) Must not be contrary to the Constitution and the laws. 188 POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. LOCAL GOVERNMENTS Q: May a nuisance be abated without a judicial proceeding? A: Yes, provide it is nuisance per se. The abatement of nuisances without judicial proceedings applies to nuisance per se or those which affect the immediate safety of persons and property and may be summarily abated under the undefined law of necessity. (Tayaban v. People, G.R. No. 150194, Mar. 6, 2007) Note: The local sanggunian does not have the power to find, as a fact, that a particular thing is a nuisance per se, a thing which must be determined and resolved in the ordinary courts of law (AC Enterprise, Inc. v. Frabelle Properties Corporation, G.R. No. 166744, Nov. 2, 2006) Q: What does the power to issue licenses and permits include? A: It includes the power to revoke, withdraw or restrict through the imposition of certain conditions. However, the conditions must be reasonable and cannot amount to an arbitrary interference with the business. (Acebedo Optical Company, Inc. vs. CA, G.R. No. 100152. March 31, 2000) Note: Only the Sanggunian, not the mayor of the city, has the power to allow cockpits, stadiums, etc. Without an ordinance, he cannot compel mayor to issue him a business license (Canet v. Decena, G.R. No. 155344, Jan. 20, 2004) Q: Disti...
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