This document discusses the powers and designation of officers-in-charge (OIC) under Philippine local government law. Some key points:
- An OIC can only be designated when the local chief executive is traveling within the country for up to 3 days. The vice mayor automatically assumes the role after 3 days.
- An OIC's powers are limited to only those expressly authorized by the local chief executive in writing. Discretionary powers cannot be delegated.
- The power to solemnize marriages cannot be delegated to an OIC. Only ministerial functions can be delegated to an OIC.
This document provides summaries of 9 tax case digests from Philippine tax law. The summaries highlight the key facts, issues and rulings of each case. Some common themes that emerge are:
1) Taxes are considered the lifeblood of the government and exemptions are strictly construed.
2) Government errors by tax officials do not prevent tax collection, as the government cannot be estopped in tax matters.
3) Tax assessments are presumed correct and the taxpayer bears the burden of proving otherwise.
4) Equitable arguments cannot override clear tax statutes, and tax refunds must be based on the law rather than notions of fairness.
The New Mexico State Ethics Commission is an independent, bipartisan commission that oversees and enforces various ethics laws in the state. The Commission has 7 commissioners and has quasi-judicial, executive, and legislative functions. It adjudicates complaints, issues advisory opinions, conducts investigations and civil enforcement, and promulgates rules. The Commission's jurisdiction includes public officials, employees, lobbyists, contractors, and candidates. Key laws it oversees relate to financial disclosures, gifts, lobbying, campaign finance, and governmental conduct including conflicts of interest and misuse of public office.
Expenses opposed to public policy and social norms need to be disallowed in i...D Murali ☆
This document discusses expenses that should be disallowed for income tax assessments even if they are not strictly illegal. It provides examples of expenses that are opposed to public policy or social norms, such as bakshish/tips payments, secret commissions, and selling commissions to government doctors. While some courts have allowed deductions for such expenses, the document argues they should be disallowed because they have adverse, pernicious effects on society and are contrary to public interest, even if not expressly prohibited by law. It also discusses how governments sometimes encourage payments that are against public policy.
This document discusses key concepts related to political law and local government in the Philippines. It begins by defining political law and its divisions such as constitutional law and administrative law. It then discusses different types of corporations including public, private, and quasi-public corporations. A major focus is on municipal corporations, including their definition and elements. The document also defines local government and discusses the sources of power and classifications of powers of local governments. Key provisions from the 1987 Constitution and Local Government Code related to local governments are summarized.
This document provides an overview of topics covered in the 2023 Bar exam study notes, including the page numbers allocated to each subject area. It also notes that this is the third edition of pre-week notes by Atty. Rehne Gibb N. Larena for eCodalPro subscribers. The document contains sample content covering preliminary concepts in Political Law, including the doctrine of constitutional supremacy, methods of constitutional interpretation, and distinctions between revision and amendment.
The document summarizes two court cases involving government agencies and labor unions:
1. The first case discusses whether the Agricultural Credit Administration (ACA), which replaced the Agricultural Credit and Cooperative Financing Administration (ACCFA), engages in governmental or proprietary functions. The Supreme Court ruled that ACA engages in governmental functions to implement land reform programs, so labor unions are not entitled to certification for collective bargaining purposes.
2. The second case discusses a petition by the People's Homesite and Housing Corporation (PHHC) challenging a Court of Industrial Relations order requiring PHHC to pay wage differentials to employees for work performed under a World Food Program agreement to provide employment for squatter families.
Real Estate Development in the recent past.birenzzrulezz
The document summarizes key aspects of the Real Estate (Regulation and Development) Bill 2013 in India. It discusses provisions in the bill such as establishing a regulatory authority for the real estate sector, registration requirements for property developers, restrictions on diversion of funds, and penalties for non-compliance. It also provides an overview of the bill's objectives to promote transparency and consumer protection in real estate transactions.
This document discusses the powers and designation of officers-in-charge (OIC) under Philippine local government law. Some key points:
- An OIC can only be designated when the local chief executive is traveling within the country for up to 3 days. The vice mayor automatically assumes the role after 3 days.
- An OIC's powers are limited to only those expressly authorized by the local chief executive in writing. Discretionary powers cannot be delegated.
- The power to solemnize marriages cannot be delegated to an OIC. Only ministerial functions can be delegated to an OIC.
This document provides summaries of 9 tax case digests from Philippine tax law. The summaries highlight the key facts, issues and rulings of each case. Some common themes that emerge are:
1) Taxes are considered the lifeblood of the government and exemptions are strictly construed.
2) Government errors by tax officials do not prevent tax collection, as the government cannot be estopped in tax matters.
3) Tax assessments are presumed correct and the taxpayer bears the burden of proving otherwise.
4) Equitable arguments cannot override clear tax statutes, and tax refunds must be based on the law rather than notions of fairness.
The New Mexico State Ethics Commission is an independent, bipartisan commission that oversees and enforces various ethics laws in the state. The Commission has 7 commissioners and has quasi-judicial, executive, and legislative functions. It adjudicates complaints, issues advisory opinions, conducts investigations and civil enforcement, and promulgates rules. The Commission's jurisdiction includes public officials, employees, lobbyists, contractors, and candidates. Key laws it oversees relate to financial disclosures, gifts, lobbying, campaign finance, and governmental conduct including conflicts of interest and misuse of public office.
Expenses opposed to public policy and social norms need to be disallowed in i...D Murali ☆
This document discusses expenses that should be disallowed for income tax assessments even if they are not strictly illegal. It provides examples of expenses that are opposed to public policy or social norms, such as bakshish/tips payments, secret commissions, and selling commissions to government doctors. While some courts have allowed deductions for such expenses, the document argues they should be disallowed because they have adverse, pernicious effects on society and are contrary to public interest, even if not expressly prohibited by law. It also discusses how governments sometimes encourage payments that are against public policy.
This document discusses key concepts related to political law and local government in the Philippines. It begins by defining political law and its divisions such as constitutional law and administrative law. It then discusses different types of corporations including public, private, and quasi-public corporations. A major focus is on municipal corporations, including their definition and elements. The document also defines local government and discusses the sources of power and classifications of powers of local governments. Key provisions from the 1987 Constitution and Local Government Code related to local governments are summarized.
This document provides an overview of topics covered in the 2023 Bar exam study notes, including the page numbers allocated to each subject area. It also notes that this is the third edition of pre-week notes by Atty. Rehne Gibb N. Larena for eCodalPro subscribers. The document contains sample content covering preliminary concepts in Political Law, including the doctrine of constitutional supremacy, methods of constitutional interpretation, and distinctions between revision and amendment.
The document summarizes two court cases involving government agencies and labor unions:
1. The first case discusses whether the Agricultural Credit Administration (ACA), which replaced the Agricultural Credit and Cooperative Financing Administration (ACCFA), engages in governmental or proprietary functions. The Supreme Court ruled that ACA engages in governmental functions to implement land reform programs, so labor unions are not entitled to certification for collective bargaining purposes.
2. The second case discusses a petition by the People's Homesite and Housing Corporation (PHHC) challenging a Court of Industrial Relations order requiring PHHC to pay wage differentials to employees for work performed under a World Food Program agreement to provide employment for squatter families.
Real Estate Development in the recent past.birenzzrulezz
The document summarizes key aspects of the Real Estate (Regulation and Development) Bill 2013 in India. It discusses provisions in the bill such as establishing a regulatory authority for the real estate sector, registration requirements for property developers, restrictions on diversion of funds, and penalties for non-compliance. It also provides an overview of the bill's objectives to promote transparency and consumer protection in real estate transactions.
This document is a Supreme Court of India judgment regarding a writ petition filed by the Indian Social Action Forum challenging certain provisions of the Foreign Contribution (Regulation) Act, 2010. The High Court had dismissed the writ petition. The Supreme Court discusses the arguments made by both parties regarding whether the challenged provisions relating to declaring organizations as being of a political nature violate constitutional rights. It also discusses the statutory framework and objectives of the Foreign Contribution Regulation Act.
Presentation by Atty. Rosario H. Amatong-Buendia at the IAG training workshop for the ARMM Regional Legislative Assembly, 6th September 2013, Makati City
This document provides information about homework help resources and legal case summaries on Philippine laws. It includes links to homework help and research paper assistance sites, as well as summaries of 6 Supreme Court cases related to statutory construction principles in Philippine law. The cases cover topics like distinguishing between general and special laws, the weight given to administrative construction, and the use of statute titles in determining legislative intent.
This document discusses several key concepts relating to eminent domain and taxation in the Philippines.
It first discusses the constitutional provisions regarding eminent domain, including the requirements that private property can only be taken for public use with just compensation. It then summarizes the key elements of eminent domain, including that it is an inherent power of sovereignty to promote public welfare, but must be for a public purpose and provide just compensation.
The document then discusses taxation, noting that the power to tax is an incident of sovereignty but must be uniform, equitable and for public purposes. It provides examples of limitations on taxation including due process and equal protection. Finally, it summarizes a Supreme Court case regarding tax exemptions.
The document discusses several topics related to legislative power and local government in the Philippines:
1. It discusses substantive and procedural limitations on legislative power, noting that laws must not violate constitutional rights or be passed without proper procedure.
2. It summarizes a case where a local ordinance objecting to lotto was invalid as it was not self-executing and could not prohibit the national lotto system.
3. It summarizes another case where a local ordinance banning casinos was struck down as it conflicted with national law establishing the gaming corporation PAGCOR.
4. It summarizes a third case where a local ordinance banning motels was invalid as unreasonable and oppressive.
Throughout, the
This document defines taxation and outlines the three stages of taxation: levying, assessment, and collection. It also discusses the three inherent powers of the state - the power to tax, police power, and power of eminent domain. The document then compares and contrasts these three powers. It provides limitations on the power to tax, both constitutional and inherent limitations. It discusses the basic principles of a sound tax system and the theories/basis of taxation. The document defines the essential elements of a tax and provides different classifications of taxes. It concludes by discussing the nature and construction of tax laws.
This document outlines key concepts regarding the constitutional grounds for regulating business in the United States. It discusses the separation of powers and checks and balances in the US system of government. It also covers federalism and the balance of power between the federal and state governments. Specifically, it examines the commerce clause and how it allows the federal government to regulate interstate business activities. It analyzes limitations on government power through protections like freedom of speech, due process, equal protection, and prohibitions against unlawful takings of private property.
The document discusses two inherent powers of the state: police power and eminent domain. It defines police power as the power of the state to promote public welfare by restraining and regulating liberty and property through reasonable laws. Police power is vested primarily in the legislature and can be delegated to the president, administrative bodies, and local governments. Eminent domain is the power of the state to take private property for public use provided just compensation is given. Both powers are necessary attributes of sovereignty that allow the state to interfere with private property for the welfare of the people.
2011 SAFE-D Fall Workshop - Overlapping DistrictsJohn Carlton
PowerPoint giving a general overview of the process and requirements for creating an overlapping ESD under Ch. 775 of the Tex. Health & Safety Code as a result of the passage of SB 917 by the 82nd Texas Legislature in 2011.
LOCATION El Monte City Hall – East City Council Chambe.docxShiraPrater50
LOCATION:
El Monte City Hall – East
City Council Chambers
11333 Valley Boulevard
El Monte, CA 91731
DATE AND TIME:
Tuesday,
January 28, 2020
6:00 p.m.
ADJOURNED REGULAR MEETING AGENDA
OF THE
CITY COUNCIL OF THE CITY OF EL MONTE
MEETING JOINTLY AND REGULARLY WITH THE EL MONTE HOUSING AUTHORITY; EL MONTE
PUBLIC FINANCING AUTHORITY; EL MONTE WATER AUTHORITY; EL MONTE PARKING
AUTHORITY; SUCCESSOR AGENCY TO THE FORMER EL MONTE COMMUNITY
REDEVELOPMENT AGENCY; HOUSING SUCCESSOR AGENCY; AND, FROM TIME TO TIME,
SUCH OTHER BODIES OF THE CITY WHOSE MEMBERSHIP IS COMPOSED EXCLUSIVELY OF
THE MEMBERSHIP OF THE CITY COUNCIL
COUNCILMEMBERS/AUTHORITY MEMBERS:
Andre Quintero, Mayor
♦ Maria Morales, Mayor Pro Tem ♦ Jessica Ancona, Councilmember
♦ Victoria Martinez Muela, Councilmember ♦ Jerry Velasco, Councilmember
1. CALL TO ORDER:
2. ROLL CALL FOR CITY COUNCIL AND AUTHORITY BODIES:
Andre Quintero, Mayor/Chair
Maria Morales, Mayor Pro Tem/Authority Member
Jessica Ancona, Councilmember/Authority Member
Victoria Martinez Muela, Councilmember/Authority Member
Jerry Velasco, Councilmember/Authority Member
3. APPROVAL OF AGENDA:
City Council Meeting of January 28, 2020
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority
♦ El Monte Parking Authority ♦ El Monte Water Authority
Page 2 of 12
4. CLOSED SESSION (6:00 p.m. – 7:00 p.m.):
The City Council and the various Authority Bodies whose membership is composed exclusively of
the membership of the City Council (collectively, the “Council”) will attempt to address and
complete all Closed Session business between 6:00 p.m. and 7:00 p.m. If the Council completes
all Closed Session business prior to 7:00 p.m., the Council will take a short recess and
commence all Open Session proceedings promptly at 7:00 p.m. In the event the City Council is
unable to address or complete all agendized Closed Session items by 7:00 p.m., the Council will
hear all such remaining items toward the end of the meeting, immediately following Council
Communications. Should any member of the public wish to address the Council on any
agendized Closed Session matter, the Council shall allow such person to address the Council on
such matter prior to going into Closed Session, provided that all persons wishing to address the
Council on an agendized Closed Session matter shall fill out a speaker card and be subject to a
speaker’s time limit of 3 minutes per speaker and further provided that the Council shall be under
no obligation to respond to or deliberate upon any specific questions or comments posed by a
speaker or take action on any issue raised by a speaker beyond such action as the City Council
may be lawfully authorized to take on an agendi ...
Parliament annual roundup key legislations of 2019SUNEHA SHARMA
The document summarizes key legislations passed during the 16th and 17th Lok Sabha sessions of the Indian Parliament. Some of the important bills discussed include the Constitution Amendment providing 10% reservation to economically weaker sections, removing leprosy as a ground for divorce, recognizing transgender rights, banning triple talaq, reducing corporate tax rates, amending motor vehicle laws to increase compensation for accidents, amendments to laws regarding terrorism (UAPA) and expanding the jurisdiction of the National Investigation Agency. The document provides details of these legislations such as the acts amended, sections introduced or repealed, and objectives.
- Industrial disputes refer to conflicts between employers and employees regarding employment terms. They can arise from economic issues like wages or non-economic issues like poor treatment.
- Common dispute resolution methods include mediation, conciliation, arbitration, and adjudication. Mediation and conciliation involve impartial third parties to facilitate negotiations while arbitration and adjudication involve third parties making binding decisions.
- The Industrial Disputes Act of 1947 established mechanisms for resolving disputes, including labour courts, tribunals, and national tribunals to issue awards in cases where conciliation fails. Their awards are binding and aim to achieve an equitable resolution of disputes.
1) The court initiated suo moto contempt proceedings against Yatin Oza, President of the Gujarat High Court Advocates' Association, for making serious allegations of corruption against the High Court registry in a press conference during the COVID-19 pandemic.
2) In the press conference, Oza levelled accusations of corrupt practices, undue favors to influential people, and forum shopping in the High Court without providing valid evidence.
3) The court observed that Oza's statements scandalized and lowered the authority of the High Court during a time when both the bench and bar should be working together constructively to address the pandemic crisis.
The document provides a review of key concepts in Local Government Law based on cases from 2016 to 2021. It discusses the following main points:
1. The nature of LGUs as territorial and political subdivisions that are agents of both the state and the people. While LGUs have broad powers, they remain under the supervision of the President and Congress.
2. The concept of local autonomy and how it involves both decentralization of administration through deconcentration and devolution of specific powers to LGUs. There is a balance between national and local interests in terms of which level of government has more authority over an issue.
3. Examples of cases where courts have ruled in favor of either LGUs
Taxability of Capital Gain on Transfer of Agricultural Landtaxguru5
The document discusses the taxability of capital gains on the transfer of agricultural land under the Income Tax Act of 1961. It outlines the key provisions around defining agricultural land and capital assets. Specifically, it examines: (1) the definition of agricultural land and exceptions where agricultural land could be considered a capital asset; (2) judicial decisions around determining if land is agricultural based on its use and classification; and (3) conditions for exempting capital gains from compulsory acquisition of urban agricultural land under section 10(37). The document provides clarity on the assessment and tax treatment of gains from transferring different types of agricultural land.
This document provides answers to frequently asked questions regarding government services and GST. It explains that not all services provided by the government or local authorities are exempt from GST. It clarifies the meaning of key terms like "government" and "local authority" under the GST Acts. It also discusses the tax treatment and compliance requirements for government departments and authorities in relation to supplying services, deducting tax at source, and obtaining registrations.
The document summarizes key provisions from the Legal Services Authorities Act 1987 and related rules and regulations regarding legal aid in India. Some of the key points covered include:
- The constitution and functions of the National Legal Services Authority, State Legal Services Authorities, and District Legal Services Authorities.
- The criteria for individuals to be eligible for free legal aid services.
- Provisions for Lok Adalats (people's courts), including the establishment of Permanent Lok Adalats to handle public utility cases.
- Regulations regarding the organization and procedures of Lok Adalats, as well as the establishment and functions of legal services clinics.
This case summary addresses two cases:
1) Pepsi-Cola vs Mun. of Tanauan - The Supreme Court upheld two municipal ordinances levying taxes on soft drinks. It found the ordinances did not constitute double taxation and were within the municipality's taxing powers granted by the Local Autonomy Act.
2) CIR vs. Algue Inc. - The Supreme Court allowed a company to deduct promotional fees paid to family members as a legitimate business expense, finding the fees were reasonable and necessary for services rendered to create a new company.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Contenu connexe
Similaire à LEGAL REPRESENTATION AND PRACTICEOFPROFESSION.pptx
This document is a Supreme Court of India judgment regarding a writ petition filed by the Indian Social Action Forum challenging certain provisions of the Foreign Contribution (Regulation) Act, 2010. The High Court had dismissed the writ petition. The Supreme Court discusses the arguments made by both parties regarding whether the challenged provisions relating to declaring organizations as being of a political nature violate constitutional rights. It also discusses the statutory framework and objectives of the Foreign Contribution Regulation Act.
Presentation by Atty. Rosario H. Amatong-Buendia at the IAG training workshop for the ARMM Regional Legislative Assembly, 6th September 2013, Makati City
This document provides information about homework help resources and legal case summaries on Philippine laws. It includes links to homework help and research paper assistance sites, as well as summaries of 6 Supreme Court cases related to statutory construction principles in Philippine law. The cases cover topics like distinguishing between general and special laws, the weight given to administrative construction, and the use of statute titles in determining legislative intent.
This document discusses several key concepts relating to eminent domain and taxation in the Philippines.
It first discusses the constitutional provisions regarding eminent domain, including the requirements that private property can only be taken for public use with just compensation. It then summarizes the key elements of eminent domain, including that it is an inherent power of sovereignty to promote public welfare, but must be for a public purpose and provide just compensation.
The document then discusses taxation, noting that the power to tax is an incident of sovereignty but must be uniform, equitable and for public purposes. It provides examples of limitations on taxation including due process and equal protection. Finally, it summarizes a Supreme Court case regarding tax exemptions.
The document discusses several topics related to legislative power and local government in the Philippines:
1. It discusses substantive and procedural limitations on legislative power, noting that laws must not violate constitutional rights or be passed without proper procedure.
2. It summarizes a case where a local ordinance objecting to lotto was invalid as it was not self-executing and could not prohibit the national lotto system.
3. It summarizes another case where a local ordinance banning casinos was struck down as it conflicted with national law establishing the gaming corporation PAGCOR.
4. It summarizes a third case where a local ordinance banning motels was invalid as unreasonable and oppressive.
Throughout, the
This document defines taxation and outlines the three stages of taxation: levying, assessment, and collection. It also discusses the three inherent powers of the state - the power to tax, police power, and power of eminent domain. The document then compares and contrasts these three powers. It provides limitations on the power to tax, both constitutional and inherent limitations. It discusses the basic principles of a sound tax system and the theories/basis of taxation. The document defines the essential elements of a tax and provides different classifications of taxes. It concludes by discussing the nature and construction of tax laws.
This document outlines key concepts regarding the constitutional grounds for regulating business in the United States. It discusses the separation of powers and checks and balances in the US system of government. It also covers federalism and the balance of power between the federal and state governments. Specifically, it examines the commerce clause and how it allows the federal government to regulate interstate business activities. It analyzes limitations on government power through protections like freedom of speech, due process, equal protection, and prohibitions against unlawful takings of private property.
The document discusses two inherent powers of the state: police power and eminent domain. It defines police power as the power of the state to promote public welfare by restraining and regulating liberty and property through reasonable laws. Police power is vested primarily in the legislature and can be delegated to the president, administrative bodies, and local governments. Eminent domain is the power of the state to take private property for public use provided just compensation is given. Both powers are necessary attributes of sovereignty that allow the state to interfere with private property for the welfare of the people.
2011 SAFE-D Fall Workshop - Overlapping DistrictsJohn Carlton
PowerPoint giving a general overview of the process and requirements for creating an overlapping ESD under Ch. 775 of the Tex. Health & Safety Code as a result of the passage of SB 917 by the 82nd Texas Legislature in 2011.
LOCATION El Monte City Hall – East City Council Chambe.docxShiraPrater50
LOCATION:
El Monte City Hall – East
City Council Chambers
11333 Valley Boulevard
El Monte, CA 91731
DATE AND TIME:
Tuesday,
January 28, 2020
6:00 p.m.
ADJOURNED REGULAR MEETING AGENDA
OF THE
CITY COUNCIL OF THE CITY OF EL MONTE
MEETING JOINTLY AND REGULARLY WITH THE EL MONTE HOUSING AUTHORITY; EL MONTE
PUBLIC FINANCING AUTHORITY; EL MONTE WATER AUTHORITY; EL MONTE PARKING
AUTHORITY; SUCCESSOR AGENCY TO THE FORMER EL MONTE COMMUNITY
REDEVELOPMENT AGENCY; HOUSING SUCCESSOR AGENCY; AND, FROM TIME TO TIME,
SUCH OTHER BODIES OF THE CITY WHOSE MEMBERSHIP IS COMPOSED EXCLUSIVELY OF
THE MEMBERSHIP OF THE CITY COUNCIL
COUNCILMEMBERS/AUTHORITY MEMBERS:
Andre Quintero, Mayor
♦ Maria Morales, Mayor Pro Tem ♦ Jessica Ancona, Councilmember
♦ Victoria Martinez Muela, Councilmember ♦ Jerry Velasco, Councilmember
1. CALL TO ORDER:
2. ROLL CALL FOR CITY COUNCIL AND AUTHORITY BODIES:
Andre Quintero, Mayor/Chair
Maria Morales, Mayor Pro Tem/Authority Member
Jessica Ancona, Councilmember/Authority Member
Victoria Martinez Muela, Councilmember/Authority Member
Jerry Velasco, Councilmember/Authority Member
3. APPROVAL OF AGENDA:
City Council Meeting of January 28, 2020
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority
♦ El Monte Parking Authority ♦ El Monte Water Authority
Page 2 of 12
4. CLOSED SESSION (6:00 p.m. – 7:00 p.m.):
The City Council and the various Authority Bodies whose membership is composed exclusively of
the membership of the City Council (collectively, the “Council”) will attempt to address and
complete all Closed Session business between 6:00 p.m. and 7:00 p.m. If the Council completes
all Closed Session business prior to 7:00 p.m., the Council will take a short recess and
commence all Open Session proceedings promptly at 7:00 p.m. In the event the City Council is
unable to address or complete all agendized Closed Session items by 7:00 p.m., the Council will
hear all such remaining items toward the end of the meeting, immediately following Council
Communications. Should any member of the public wish to address the Council on any
agendized Closed Session matter, the Council shall allow such person to address the Council on
such matter prior to going into Closed Session, provided that all persons wishing to address the
Council on an agendized Closed Session matter shall fill out a speaker card and be subject to a
speaker’s time limit of 3 minutes per speaker and further provided that the Council shall be under
no obligation to respond to or deliberate upon any specific questions or comments posed by a
speaker or take action on any issue raised by a speaker beyond such action as the City Council
may be lawfully authorized to take on an agendi ...
Parliament annual roundup key legislations of 2019SUNEHA SHARMA
The document summarizes key legislations passed during the 16th and 17th Lok Sabha sessions of the Indian Parliament. Some of the important bills discussed include the Constitution Amendment providing 10% reservation to economically weaker sections, removing leprosy as a ground for divorce, recognizing transgender rights, banning triple talaq, reducing corporate tax rates, amending motor vehicle laws to increase compensation for accidents, amendments to laws regarding terrorism (UAPA) and expanding the jurisdiction of the National Investigation Agency. The document provides details of these legislations such as the acts amended, sections introduced or repealed, and objectives.
- Industrial disputes refer to conflicts between employers and employees regarding employment terms. They can arise from economic issues like wages or non-economic issues like poor treatment.
- Common dispute resolution methods include mediation, conciliation, arbitration, and adjudication. Mediation and conciliation involve impartial third parties to facilitate negotiations while arbitration and adjudication involve third parties making binding decisions.
- The Industrial Disputes Act of 1947 established mechanisms for resolving disputes, including labour courts, tribunals, and national tribunals to issue awards in cases where conciliation fails. Their awards are binding and aim to achieve an equitable resolution of disputes.
1) The court initiated suo moto contempt proceedings against Yatin Oza, President of the Gujarat High Court Advocates' Association, for making serious allegations of corruption against the High Court registry in a press conference during the COVID-19 pandemic.
2) In the press conference, Oza levelled accusations of corrupt practices, undue favors to influential people, and forum shopping in the High Court without providing valid evidence.
3) The court observed that Oza's statements scandalized and lowered the authority of the High Court during a time when both the bench and bar should be working together constructively to address the pandemic crisis.
The document provides a review of key concepts in Local Government Law based on cases from 2016 to 2021. It discusses the following main points:
1. The nature of LGUs as territorial and political subdivisions that are agents of both the state and the people. While LGUs have broad powers, they remain under the supervision of the President and Congress.
2. The concept of local autonomy and how it involves both decentralization of administration through deconcentration and devolution of specific powers to LGUs. There is a balance between national and local interests in terms of which level of government has more authority over an issue.
3. Examples of cases where courts have ruled in favor of either LGUs
Taxability of Capital Gain on Transfer of Agricultural Landtaxguru5
The document discusses the taxability of capital gains on the transfer of agricultural land under the Income Tax Act of 1961. It outlines the key provisions around defining agricultural land and capital assets. Specifically, it examines: (1) the definition of agricultural land and exceptions where agricultural land could be considered a capital asset; (2) judicial decisions around determining if land is agricultural based on its use and classification; and (3) conditions for exempting capital gains from compulsory acquisition of urban agricultural land under section 10(37). The document provides clarity on the assessment and tax treatment of gains from transferring different types of agricultural land.
This document provides answers to frequently asked questions regarding government services and GST. It explains that not all services provided by the government or local authorities are exempt from GST. It clarifies the meaning of key terms like "government" and "local authority" under the GST Acts. It also discusses the tax treatment and compliance requirements for government departments and authorities in relation to supplying services, deducting tax at source, and obtaining registrations.
The document summarizes key provisions from the Legal Services Authorities Act 1987 and related rules and regulations regarding legal aid in India. Some of the key points covered include:
- The constitution and functions of the National Legal Services Authority, State Legal Services Authorities, and District Legal Services Authorities.
- The criteria for individuals to be eligible for free legal aid services.
- Provisions for Lok Adalats (people's courts), including the establishment of Permanent Lok Adalats to handle public utility cases.
- Regulations regarding the organization and procedures of Lok Adalats, as well as the establishment and functions of legal services clinics.
This case summary addresses two cases:
1) Pepsi-Cola vs Mun. of Tanauan - The Supreme Court upheld two municipal ordinances levying taxes on soft drinks. It found the ordinances did not constitute double taxation and were within the municipality's taxing powers granted by the Local Autonomy Act.
2) CIR vs. Algue Inc. - The Supreme Court allowed a company to deduct promotional fees paid to family members as a legitimate business expense, finding the fees were reasonable and necessary for services rendered to create a new company.
Similaire à LEGAL REPRESENTATION AND PRACTICEOFPROFESSION.pptx (20)
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
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To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
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2. LEGAL OFFICERS OF LOCAL
GOVERNMENT UNITS
• 2060・Who must handle the legal affairs
including representation in court of a
municipality?
The legal officer of a municipality
must handle its legal affairs including
representation in court (Section 481 R.A. No
・7160)
3. • 2061・Who represent the local government unit in all civil
actions and special proceedings where in the local government
unit or any official thereof, in his official capacity a party?
The municipal legal officer, or if there is none, the
provincial legal officer has the sole authority to represent the
municipality in the said cases (United Dumangas Port Development
Corp vs. phil. Ports Authority, G.R. No. 192943, August 12, 2015,
citing Sections 31 and 481, R.A. No. 7160; COA Circular No. 98-
002, citing paragraph 3, Section 481, R.A. No. 7160).
4. • 2062・In the absence of a municipal legal officer, where may
the municipal government address its legal inquiry on
matters affecting the municipality?
The municipal government may address its query to the
provincial legal officer or provincial prosecutor, as the case may
be (DOJ Opinion No. 03,s.2020 citing section 31, Article III,
R.A. No. 7160).
5. • 2063. Is in notarization of contracts and other documents executed
by the component barangay and their official's part of the duties
and functions of the provincial or city legal officer?
Yes. It is part of the legal officer’s duties and functions when so provided by
law or ordinance (DILG Opinion No. 05, s. 2016, citing Section 481 , R.A. No.
7160
6. HIRING OF PRIVATE COUNSEL
• 2064. Can the municipal council hire the services of a special
attorney?
As a rule, municipal council cannot hire the
services of a special attorney (Mancenido vs, CA
G.R. 118605, April 12, 2000, 330 SCRA 419).
7. • 2065. When may private counsel be hired?
Only when the provincial fiscal is
disqualified may the municipal council hire the
services of the private counsel (ibid.).
8.
9. 2067.What is the rationale behind the
prohibition against employment by local
government units of private lawyers to handle
their cases?
The prohibition is anchored on the reason
that only accountable public officers may act
for and in behalf of public entities and that
public funds should not be expended
To hire private lawyers (ibid.).
10. • 2068. May public funds be utilized for payment of the
services of a private legal counsel or law firm to
represent the local government units in court or to render
legal services for them?
No. Public funds shall not be utilized for payment of
the services of a private legal counsel or law firm to
represent local government units in court or to render
legal services for them (COA Circular No. 98-002 dated June
9,1998).
11. • 2069 A civil complaint for mandamus and damages was
filed against the municipality. In his complaint,
complainant sought for the personal liability of the
municipal mayor. May the municipal mayor be
represented by private lawyers?
Yes. In instances where personal liability on
the part of the local government officials is sought,
the municipal mayor may secure the services of private
counsel (Gontang Vs. Alhyan,G.R.191691, January16,
2013).
12. • 2070. What is the key to resolving the issue of
whether a Local government unit may secure the
services of a private counsel?
The key lies on the action and the relief
that is sought ( Alinsug vs. RTC, G.R. No. 108232
,August 23,1993).
13. ROLE OF PUBLIC PROSECUTORS
• 2071. Who can represent a province or
municipality in their lawsuits?
The provincial fiscal and the municipal attorney can represent a
province or municipality in their lawsuits (Ramos vs, CA, G.R. 99425,
March 03, 1997,269 SCRA 34.
14. • 2072. Under what instances is the public
prosecutor disqualified from representing a
particular municipality?
These instances are as follows: (1) when the jurisdiction of a case involving
the municipality lies with the supreme court; (2) when the municipality is a party
adverse to the provincial government or to some other municipality in the same
province; (3) and when in the a case involving the municipality, the provincial
prosecutor, his spouse, or his child is involved as a creditor, heir, legatee, or
otherwise (ibid.).
15. • 2073. Is the public prosecutor′s refusal a
legal justification for the municipality to
hire the services of a private lawyer?
No. it is not a legal justification . Instead, the municipal council
should request the Secretary of justice to appoint an acting provincial
fiscal in place of the provincial fiscal who declined to handle the case
(Municipality of pililla, Rizal vs. CA, G.R. 105909, June 28, 1994, 233
SCRA 484).
16. • 2074. In the absence of a city legal officer,
may the city be represented by a private law
firm in a civil case?
No. The appearance of a private law firm as counsel of the city is against the
law as it provides who should represent it. The city prosecutor should represent
the city.
17. • 2075. In the absence of a municipal legal
officer, Who has the duty to represent the
municipality in the lawsuit?
In the absence of a municipal legal officer,
the provincial attorney has the duty to
represent the municipal government as counsel in
the civil proceedings (OSG vs. CA, G.R. No.
199027, June 9, 2014)
18. SOLICITOR GENERAL AND LEGAL
OFFICERS
• 2076. Explain the extent and scope of the power
of the Office of the Solicitor General to
represent the government in lawsuits.
The Office of the Solicitor General represents the Government of the
Philippines, its agencies and instrumentalities and its officials and agents in any
litigation, proceeding, investigation or matter requiring the services of a lawyer
(Section 35,BookIV,Title III, Chapter 12,E.〇.No. 292).
19. • 2077. Is the Revised Administrative Code the
only law that delves on the issue of counsel’s
representation for the government?
No. The Local Government Code limits the lawyers
Who are authorized to represent the local government
units in court actions (OSG vs. CA, G.R.No. 199027,
June 9, 2014).
20. • 2078. May the court compel the Office of the
Solicitor General to represent the municipal
government in its lawsuit?
No. The Local Govemment code vested unto the
legal officers the authority to be counsels of
local government units (ibid).
21. PRACTICE OF PROFESSION
• 2079 Are public officials and employees during
their incumbency prohibited from engaging in
the private Practice of their profession?
Yes. Public officials and employees
during their incumbency are prohibited from
engaging in the private Practice of their
profession (Section7[b][2], R.A. 6713).
• 2080 Does the prohibition admit of an
exception?
Yes. The prohibition admits of an
exception when the following conditions are
present:(1)such practice is authorized by the
Constitution or the law ; and(2)such Practice
22. • 2081. What is the rationale behind the
prohibition?
The prohibition is grounded on the principle
that public office is a public trust, and
further serves to promote the observance and the
efficient use of every moment of the prescribed
office hours to serve the public (Query of Atty
.Karen M. Siverio-Buffe, Former Clerk of court-
Br. 81,Romblon,Romblon-On the Prohibition from
Engaging in the Private Practice of Law, A.M.
No. 08-6-352-RTC,August 19,2009,596 SCRA 378,
391, Citing Aquino-Simbulan vs. Zabat, A.M. No.
P-05-1993,April 26, 2005, 457SCRA23,30).
23. LIMITATIONS ON PRACTICE OF
PROFESSION
• 2082. Cite the limitations concerning the practice of
Profession of local elective officials.
Public officials and employees may practice their
practice their Profession provided that such practice will not
practice will not conflict or Tend to conflict with their official
conflict with their official functions (DILG Opinion No. 3 , s.
Opinion No. 3 , s. 2018,Citing Section 90, R.A. No. 7160
R.A. No. 7160 and Section 7 [b][2],R.A. No. 6713).
6713).
24. PRACTICE OF PROFESSION OF
GOVERNOR OR MAYOR
• 2083. Does the Local Government Code prohibit the governors
and mayors from practicing their profession or engage in any
other occupation during their incumbency?
Yes. The prohibition is absolute (DILG Opinion No.26,s.
2013, Citing Section 90 [a], R.A. No. 7160). They are required to
devote all their time and attention to the performance of their official
duties (Catu vs. Rellosa, A.C.No. 5738, February 12, 2008).
25. • 2084. Explain why the governors, City mayors and municipal
mayors are prohibited from practicing their profession or
engaging ln any occupation other than the exercise of their
function as local chief executives?
They are required to render full time service. They Should
therefore devote all their time and attention to the Performance of their
official duties (Sedano vs Bendita, A.C No. 10611, October 5, 2020,
Citing Catu vs. Rellosa, supra). The prohibition ensures that governors,
City and municipal mayors extend their undivided attention and thus
devote their full time only in discharging their duties and functions being
the highest official of the province, City or municipality (DILG Opinion
No・26,s. 2013).
26. • 2085・Distinguish exercise of profession from engaging in any
occupation.
To exercise profession means that One must be academically prepared to
take government examination and pass the same and is registered in a
government licensing body. In contrast, one can properly fall under engage in
any occupation when one’s activity does nor fall within the ambit of ′’exercise of
profession ′′ (DILG Opinion No.11,s. 2020).
27. • 2086・The mayor happens to be a lawyer. Is he allowed to Practice
his legal profession?
No. The Local chief executives , except punong barangays, are
absolutely prohibited from practicing their profession or engage in any
other occupation. However, he may apply his legal or other technical
knowledge as long as it is connection with the exercise of his official
function as local chief executive (DILG Opinion No.19,s. 2003).
28. • 2087. The mayor happens to be a Lawyer. Is he allowed to Sign
documents as notary public?
No. The local chief executives, except punong barangays, are absolutely
prohibited from practicing their profession or engage in any of her occupation
(ibid).The prohibition for him to practice his profession is absolute (DILG
Opinion No.101, s.2007).
29. • 2088.The mayor happens to be a surgeon. Is he allowed to practice
his profession as surgeon after office hours?
No. Mayors and governors are prohibited from practicing their
profession other than the exercise of their functions as local chief
executives. The prohibition emphasizes the need for the local chief
executives to devote all their time and attention to the performance of
their official duties (DILG Opinion No. 143,s. 2010).
30. • 2089.Is there an instance where a municipal mayor Can practice
his medical profession?
Yes. He is allowed to practice his profession during official hours
of work only on occasions of emergency and provided further′ he does
not obtain monetary compensation there from (DILG Opinion No.07, s.
2020, Citing Section90 [C], R.A. No. 7160).
31. PRACTICE OF PROFESSION OF
ACTING GOVERNOR OR ACTING
MAYOR
• 2090. The acting mayor happens to be lawyer. Is he allowed to
practice his legal profession?
No. Section 90(a) of the Local Government Code absolutely prohibits the
mayors to practice their profession. The prohibition applies to the acting mayor
(DILG Opinion No. 78, s. 1997). The nature of the duties of the local chief
executive occupant to discharge them.
32. • 2091. The acting mayor happens to be a doctor.
Is he allowed to practice his profession as a
doctor?
No. Being an acting mayor, he is prohibited from practicing his
profession and this prohibition is absolute (DILG Opinion No. 10,
s.2018, Citing Section 90,R.A. No. 7160) The nature of the duties of the
local chief executive call for a full-time occupant to discharge them The
prohibition applies even to acting local chief executive (Gamboa, Jr. vs.
Aguirre, Jr. G.R. 134213,July 20,1999,310 SCRA867).
33. • 2092. Is there an instance where the acting
mayor, a doctor, is allowed to practice his
profession?
Yes. Only in times of emergency (DILG
Opinion No. 10, s. 2018).
34. • 2093. Are all medical operations emergency
situations?
35. • 2094. Is there an impropriety or violation of
Section 90 of the Local Government code for a
local chief executive to have some pecuniary
interest in a business?
36. PRACTICE OF PROFESSION OF VICE
GOVERNOR OR VICE MAYOR
• 2095. May the vice mayors practice their
profession?
37. • 2096. Can the vice mayor continue with his work
in a private company as building administrator?
38. • 2097. The vice governor happens to be a lawyer.
Is he allowed to practice his legal profession?
39. • 2098. The vice mayor happens to be a lawyer. Is
he required to secure prior permission from any
other person or office for him to practice his
profession?
40. • 2099. The vice mayor happens to be a doctor of
medicine. Is he allowed to practice his medical
profession?
41. • 2100. Alfredo filed a case for collection of a
sum of money and/or damages against the
National Power Corporation (NPC) with the
Regional Trial Court. Atty. Richard, an
incumbent vice mayor. Appeared as counsel for
Alfredo. Is Atty. Richard allowed by law to
appear as counsel for a claimant where the NPC
is the adverse party?
42. PRACTICE OF PROFESSION OF
SANGGUNIAN MEMBERS
• 2101. Does the law allow the sanggunian members
to practice their profession?
43. • 2102. The Sangguniang bayan member happens to
be a licensed civil engineer. Is he allowed to
practice his profession?
44. • 2103. The sanggunian member is a lawyer. Is he
allowed to practice his legal profession?
45. • 2104. Cite the limitations specifically
applicable only to sanggunian members who are
also members of the Philippine Bar.
46.
47. • 2105. Section 90 of the Local Government Code
allows sanggunian members to exercise their
profession. However, the same provision of law
provides restrictions in the exercise of legal
and medical professions. Is section 90 of the
Code discriminatory against lawyers and
doctors?
48. • 2106. The Sangguniang member happens to be a
doctor. Is he allowed to practice his
profession?
49. • 2107. Can the vice mayor practice his medical
profession outside of his territorial
jurisdiction?
50. PRACTICE OF PROFESSION OF
PUNONG BARANGGAY
• 2108. Does the law allow a punong barangay to
practice his profession?
51. • 2109. Is there a requirement for the punong
barangay to practice his profession or engage
in any other occupation?
52. • 2110. Explain the possible legal consequence if
a punong barangay practices his profession
without obtaining prior written permission form
the secretary of the Interior and Local
Government.
53. PRACTICE OF PROFESSION OF
LOCAL ADMINISTRATOR
• 2111. Atty. Loren has been appointed as City
Administrator. Is she allowed to practice her
legal profession?
54. PRACTICE OF PROFESSION OF
LEGAL OFFICERS
• 2112. Can a municipal legal officer be allowed
to engage in the private practice of his
profession?
55. • 2113. Who is the “head of agency” of the
municipality?
56. • 2114. Is there a need for the provincial legal
officer to secure an authority from DILG to
practice his legal profession?
57. • 2115. Are the acts of notarization within the
ambit of the term “practice of law”?
58. DETENTION AND PRACTICE OF
PROFESSION
• 2116. Can a prisoner practice his profession or
engage in any occupation while in detention?