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Philippine Bar review · Question

Practice question: Police Power

Multiple Choice Hard

Practice question

A city orders every lawful motel in one district to close or convert, citing only a generalized belief that the establishments are immoral. It relies on its power to regulate these establishments and offers no separate statutory prohibition power. Which objection follows from Laguio?
  1. The specific regulation grant cannot simply be transformed into wholesale suppression of the listed businesses
  2. An ordinance title automatically supplies all missing power
  3. Every motel is conclusively a nuisance per se
  4. Moral preference removes statutory limitations
  5. The city may decide the scope of congressional delegation finally for itself

Legal references

  • City of Manila v. Laguio, GR118127, April12 2005, main decision: https://lawphil.net/judjuris/juri2005/apr2005/gr_118127_2005.html Equal-protection and statutory regulatory-power holdings.
  • RA7160 Local Government Code: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html Section458(a)(4)(iv),(vii).

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