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?
- The ordinance always prevails because it is geographically narrower.
- The mayor may repeal the statute locally.
- The actual statutory conflict defeats the ordinance; welfare authority is delegated and subordinate to national law.
- A police-power label automatically converts the ban into a national law.
- 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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