Philippine Bar review · Question

Practice question: The State and its Political Subdivisions

Multiple Choice Hard

Practice question

A mayor signs an LGU contract without the prior sanggunian authorization required on the stipulated facts. No Code exception or other valid curing basis exists. The mayor argues corporate capacity to contract alone necessarily makes the signature sufficient. Which is best?
  1. Corporate capacity does not itself eliminate 22(c)'s required authorization.
  2. Any mayoral signature automatically repeals every statutory limit.
  3. The private supplier can unilaterally supply public authority.
  4. Only the seal's color determines contractual power.
  5. LGUs are categorically incapable of all contracts.

Legal references

  • Civil Code Articles13-17 and37-46: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • RA7160 Section22, LGU corporate powers: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html

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