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All ▸ Bar 2024 ▸ CIVIL LAW ▸ I. EFFECT AND APPLICATION OF LAWS ▸ D. Mandatory, Prohibitory and Permissive Laws (Civil Code, Art. 5)

Question

Review Question I: Effect and Application of Laws - Mandatory, Prohibitory and Permissive Laws

Mr. Santos owns a property located in a residential community. The subdivision's Homeowners Association (HOA) has enacted a rule that prohibits any form of business activities within the premises. Mr. Santos, who is a caterer, wants to set up a small catering business from his home. He believes that the HOA's rule is in violation of his right to engage in a lawful profession and occupation.

Based on the given scenario, answer the following questions:

  1. What are the characteristics of mandatory laws as defined in Article 5 of the Civil Code?
  2. Can the prohibition on business activities imposed by the HOA be considered a mandatory law? Why or why not?
  3. Discuss any legal remedies available to Mr. Santos if he wishes to challenge the HOA's rule.


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Bar Review Question: Review Question I: Effect and Application of Laws - Mandatory, Prohibitory and Permissive Laws Mr.