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Philippine Bar review · Question

Practice question: Fundamental Principles

Multiple Choice Hard

Practice question

A municipality awards a private company the right to collect its local taxes in the company's own name and retain collections above a guaranteed municipal payment. The arrangement is genuinely a letting of tax collection, not merely acquisition of software or banking services. Officials say a profitable bid and public use of proceeds cure any problem. What is correct?
  1. The express Section 130(c) prohibition applies despite the proposed financial benefit
  2. Every profitable contract overrides the Code
  3. The collection becomes a national tax automatically
  4. The company may legislate new taxes
  5. Public purpose makes all collection arrangements lawful

Legal references

  • RA7160, Local Government Code, Sections129–133 and186–188: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • 1987 Constitution, ArticleX Section5: https://lawphil.net/consti/cons1987.html

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