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

Question

Question:

Mr. Santos owns a vacant lot in the city of Metroville. The local government passed an ordinance prohibiting the construction of buildings on vacant lots without prior approval from the City Engineer's Office. Ignoring the ordinance, Mr. Santos proceeded to construct a commercial building on his vacant lot.

One day, the City Engineer's Office discovered Mr. Santos' unauthorized construction and issued a cease and desist order. However, Mr. Santos argued that the ordinance is merely permissive in nature, meaning it allows construction without prior approval, and therefore he is not obligated to comply with the cease and desist order.

Is Mr. Santos correct in maintaining that the local ordinance is permissive in nature? Discuss the effect and application of laws, particularly the concept of mandatory, prohibitory, and permissive laws as provided under Article 5 of the Civil Code of the Philippines.




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Bar Review Question: Question: Mr. Santos owns a vacant lot in the city of Metroville. The local government passed an o