Philippine Bar review · Question

Practice question: Patrimonial Property

Multiple Choice Hard

Practice question

A municipal parcel is conclusively patrimonial. The mayor invokes that classification alone to sign a disposal contract without the prior sanggunian authority required on the facts; no exception or lawful curing basis exists. Which is best?
  1. Patrimonial status does not itself establish the officer's statutory contracting authority.
  2. Every patrimonial asset may be disposed of by any employee.
  3. Classification automatically repeals 22(c).
  4. Only the buyer's signature supplies public authority.
  5. No LGU can ever contract concerning patrimonial property.

Legal references

  • Civil Code Articles418-425 and428: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • LGC Section22, corporate powers and contracting authority: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html

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