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Philippine Bar review · Question

Practice question: Police Power

Multiple Choice Hard

Practice question

An LGU invokes police power to prohibit an activity that a controlling national statute expressly authorizes. The facts establish an actual conflict, not merely complementary local safety conditions. The LGU also argues that its regulation promotes welfare. Which analysis is proper?
  1. The ordinance always prevails because it is geographically narrower.
  2. The mayor may repeal the statute locally.
  3. The actual statutory conflict defeats the ordinance; welfare authority is delegated and subordinate to national law.
  4. A police-power label automatically converts the ban into a national law.
  5. The ordinance prevails if enacted later than the statute.

Legal references

  • RA 7160, Section 16: 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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