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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSK. Legal Periods (Civil Code, Art. 13, as amended by Book I, chapter 8, sec. 31 of the Administrative Code of 1987 (E.O. No. 292))

Question

Subject: Effect and Application of Laws

Scenario:

John owns a piece of land in a residential area. The local government enacted an ordinance imposing restrictions on the use and development of properties in the area. The ordinance, which was approved by the Sangguniang Panlungsod, provides that no commercial establishment shall be allowed within the residential zone.

Meanwhile, a few years later, the national government passed a law allowing the establishment of small-scale businesses in residential areas to promote local entrepreneurship and economic development. The law states that small-scale businesses shall be exempt from local ordinances imposing restrictions on commercial establishments in residential zones.

Given the scenario, resolve the following questions:

  1. What is the effect of the local ordinance on John's ability to establish a commercial establishment on his land?
  2. In light of the national law allowing small-scale businesses in residential areas, can John proceed with establishing a commercial establishment on his land? Explain.



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Bar Review Question: Subject: Effect and Application of Laws Scenario: John owns a piece of land in a residential area