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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A municipality proposes a levy under Section 186. The stipulated base is already taxed under the NIRC, no specific provision grants the municipality that levy, and no applicable exception or later law permits it. A public hearing was properly held. Is the hearing alone sufficient?
  1. Yes, a hearing removes all substantive limits
  2. Yes, Section 186 always overrides the NIRC
  3. No; procedural compliance does not cure the stipulated absence of authority under Section 186's residual scope
  4. Yes, if the expected yield is substantial
  5. No, because public hearings are prohibited

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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