Philippine Bar review · Question

Practice question: The State and its Political Subdivisions

Multiple Choice Hard

Practice question

A city holds an asset in its own juridical capacity under the applicable law. On leaving office, the mayor claims the asset personally solely because it was acquired during the mayor's term. No lawful transfer or personal title exists. Which follows from the distinction between the city and its officeholder?
  1. Every asset acquired during a term belongs to the officeholder.
  2. The mayor's incumbency alone does not convert the city's asset into personal property.
  3. The city loses all legal personality after an election.
  4. Article 44 makes every resident the sole owner individually.
  5. The official may disregard the governing public-property law.

Legal references

  • Civil Code Articles44(1),45 and46; https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • 1987 Constitution ArticleXVI Section3; https://lawphil.net/consti/cons1987.html

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