Title
Gabriel vs. Provincial Board of Pampanga
Case
G.R. No. 27209
Decision Date
Sep 17, 1927
A legal battle ensues between the municipal council and provincial board over the authority to disapprove a resolution, with the court ruling in favor of the municipal council and emphasizing the importance of protecting local autonomy and citizens' rights.
Font Size

Case Digest (G.R. No. 27209)

Facts:

  • The case involves a dispute between the municipal council of Angeles, Pampanga and the provincial board of Pampanga.
  • In 1905, the municipal council adopted an ordinance regarding the installation of steam engines.
  • In 1925, Andres M. Gabriel requested authorization to set up a rice mill, which was approved by the municipal council.
  • However, the provincial board disapproved the resolution of the municipal council, leading to a legal battle.

Issue:

  • (Unlock)

Ruling:

  • The provincial board can only declare a municipal resolution, ordinance, or order invalid if it is "beyond the powers conferred upon the council or president making the same."
  • The provincial board's action is final for the executive department, but the municipal council has the right to appeal to the Chief of the Executive Bureau.
  • The disapproving resolution of the provincial board was based on a mistaken finding of fact and was not grounded on any legal consideration.
  • The provincial board's action wa...(Unlock)

Ratio:

  • The court's decision is based on the principl...continue reading

Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.

© 2024 Jur.ph. All rights reserved.