Philippine Bar review · Question

Practice question: General Welfare Clause

Multiple Choice Hard

Practice question

A national statute expressly permits a specified activity under a national agency's authority. A city invokes Section 16 to enact a categorical prohibition that directly contradicts that permission. The city concedes there is an actual statutory conflict and relies solely on local autonomy to override Congress. Which conclusion is sound?
  1. Section 16 does not authorize an ordinance to override the conflicting national statute.
  2. Local autonomy gives the ordinance automatic priority.
  3. A later ordinance repeals every earlier national statute in the city.
  4. The mayor may resolve the conflict by declaring the statute suspended.
  5. A welfare recital converts the ordinance into an Act of Congress.

Legal references

  • RA 7160, Section 16, general welfare clause: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
  • Magtajas v. Pryce Properties, G.R. No. 111097, July 20, 1994, main decision: https://lawphil.net/judjuris/juri1994/jul1994/gr_111097_1994.html

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