San Miguel Corporation vs. Hon. Celso Avelino: Facts
San Miguel Corporation vs. Hon. Celso Avelino: Facts
CELSO AVELINO
FACTS:
The matter was then referred by respondent City to its City Fiscal
pursuant to such Presidential Decree. Its validity was sustained. Then
came the appeal to the Secretary of Justice, with the then Acting
Secretary of Justice Macaraig, as noted, rendering the opinion that it is
"of doubtful validity.
ISSUES:
Yes. The CFI judge has the authority to pass upon the validity of a
city tax ordinance even after its validity and been contested before the
Secretary of Justice who rendered a decision thereon. The decision of
Sec. Justice that the ordinance in question of doubtful validity.
DECISION:
.
SECOND DIVISION
FERNANDO, J.:
To repeat, the petition must fail. The writs prayed for cannot be
granted bleualobles vi rtua l law lib ra ry
4. One last word. The decision certainly does not extend to any de
determination by this Court as to the validity, or lack of it, of the
assailed ordinance. To do so would be, at the very least, premature.
That is a function for the lower court to perform. chanroble svirtualawl ibra ryc hanro bles vi rt ual law li bra ry