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Philippine Bar review · Question

Practice question: Taxing Powers of Local Government Units (LGUs)

Multiple Choice Medium

Practice question

A mayor directs the treasurer to collect a newly invented local tax by memorandum. No appropriate sanggunian ordinance exists. Does Section 132 permit the memorandum to substitute for one?
  1. No; the imposition must be exercised by the sanggunian through an appropriate ordinance
  2. Yes, because collection power includes unlimited legislation
  3. Yes, if the memorandum has an official seal
  4. Yes, whenever a budget deficit exists
  5. Yes, if it is called a voluntary tax despite compulsory collection

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
  • Batangas City v. Pilipinas Shell, GR187631, July8 2015, main decision: https://lawphil.net/judjuris/juri2015/jul2015/gr_187631_2015.html

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