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Philippine Bar review · Question

Practice question: Fundamental Principles

Multiple Choice Hard

Practice question

An LGU contracts with a private company to take over the legal power to classify properties, determine binding assessments, levy the real property tax, and enforce collection in the company's own discretion for a percentage of receipts. The company claims that efficiency makes the arrangement valid. Assess the stated transfer of public functions under Section 198.
  1. Efficiency does not override the prohibition against letting those functions to a private person.
  2. The company may acquire all taxing power by bidding.
  3. The owner's consent makes all tax delegations valid.
  4. Every revenue-sharing contract necessarily transfers lawful taxing power.
  5. A private corporation is automatically a local assessor.

Legal references

  • RA 7160, Sections 198, 199(b) and 217; https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • RA 12001, Sections 35 and 38 (valuation reform and interaction with the Local Government Code); https://lawphil.net/statutes/repacts/ra2024/ra_12001_2024.html

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