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Philippine Bar review · Question

Practice question: Validity of Local Tax Ordinance

Multiple Choice Medium

Practice question

A municipality invokes residual taxing power under Section186 to impose a new levy on a subject already taxed under the NIRC. All procedural steps were followed. Does residual power alone establish validity?
  1. No; Section186 restricts that residual power by reference to subjects already taxed under the NIRC or other applicable laws
  2. Yes, procedure removes every substantive limit
  3. Yes, residual power is unlimited
  4. Yes, a mayor may waive the restriction
  5. Yes, the restriction applies only to criminal penalties

Legal references

  • RA7160 Local Government Code: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html Sections130,186,188–190.
  • Coca-Cola v City of Manila GR156252 June27,2006 MAIN: https://lawphil.net/judjuris/juri2006/jun2006/gr_156252_2006.html MAIN publication and attempted amendment of void ordinance.

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