Login

You are not logged in.

A.I. Powered: Philippine Bar Reviewer

AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSD. Mandatory, Prohibitory and Permissive Laws (Civil Code, Art. 5)

Question

EFFECT AND APPLICATION OF LAWS: Mandatory, Prohibitory and Permissive Laws (Civil Code, Article 5)

Imagine a scenario wherein a local government unit (LGU) passes an ordinance requiring all establishments within its jurisdiction to close on Sundays for religious observance. The ordinance provides that violators will be fined and their business permits suspended for a period of one month. Aaron owns a convenience store in the said LGU and he decides to keep his store open on Sundays despite the ordinance.

Based on the given scenario, discuss the legality of the LGU's ordinance and Aaron's decision to keep his store open on Sundays. Apply the concept of mandatory, prohibitory, and permissive laws as provided under Article 5 of the Civil Code.

In your analysis, consider the following:

  1. The nature and purpose of mandatory, prohibitory, and permissive laws;
  2. The authority of the LGU to pass such an ordinance;
  3. The effect of non-compliance with the ordinance; and
  4. The potential defenses that Aaron can raise, if any, against the enforcement of the ordinance.



Ace the Bar with A.I




You know about A.I. but you don't know just how much it can help you ace the bar? watch this.



Other Questions in This Topic

Bar Review Question: EFFECT AND APPLICATION OF LAWS: Mandatory, Prohibitory and Permissive Laws (Civil Code, Article 5)