This case has been cited 5 times or more.
|
2015-06-16 |
VELASCO JR., J. |
||||
| The power of taxation, being an essential and inherent attribute of sovereignty, belongs, as a matter of right, to every independent government, and needs no express conferment by the people before it can be exercised. It is purely legislative and, thus, cannot be delegated to the executive and judicial branches of government without running afoul to the theory of separation of powers. It, however, can be delegated to municipal corporations, consistent with the principle that legislative powers may be delegated to local governments in respect of matters of local concern.[19] The authority of provinces, cities, and municipalities to create their own sources of revenue and to levy taxes, therefore, is not inherent and may be exercised only to the extent that such power might be delegated to them either by the basic law or by statute.[20] | |||||
|
2009-07-03 |
PERALTA, J. |
||||
| In its Order[16] dated September 7, 1999, the trial court, after an ex parte hearing, approved respondent's bond of P600,000.00, granted the petition, and directed the issuance of a writ of possession supposedly in pursuant to Act No. 3135. | |||||
|
2007-10-15 |
CARPIO MORALES, J. |
||||
| While the tax exemption contained in the Certificates of Registration of private respondents may have been part of the inducement for carrying on their businesses in the SBF, this exemption, nevertheless, is far from being contractual in nature in the sense that the non-impairment clause of the Constitution can rightly be invoked.[43] | |||||
|
2005-08-29 |
TINGA, J. |
||||
| In the case at bar, PNB has sufficiently established its right to the writ of possession. It presented as documentary exhibits the contract of real estate mortgage[53] and the Provisional Certificate of Sale[54] on the face of which appears proof of its registration with the Registry of Deeds in Camarines Sur on 3 May 1999. There is also no dispute that the lands were not redeemed within one year from the registration of the Provisional Certificate of Sale. It should follow, therefore, that PNB has acquired an absolute right, as purchaser, to the writ of possession. The RTC of Pili had the ministerial duty to issue that writ, as it did actually, upon mere motion, conformably to Section 7 of Act No. 3135, as amended.[55] | |||||