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I. EFFECT AND APPLICATION OF LAWS

D. Mandatory, Prohibitory, and Permissive Laws (Civil Code, Art. 5)

Scenario:

Mr. Garcia owns a piece of agricultural land adjoining the residential property of Mr. Santos. The local government enacted an ordinance prohibiting the construction of any structure within ten meters from any river or creek within the municipality. Mr. Garcia, being unaware of this ordinance, started constructing a storage shed for his farming equipment, which is located eight meters away from a creek within his property.

Question:

Is the prohibition on the construction of structures within ten meters from rivers or creeks considered a mandatory, prohibitory, or permissive law? Explain your reasoning.
Can Mr. Garcia be held liable for violating the ordinance? What legal consequences may he face?

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