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Philippine Bar review · Question

Practice question: Ultra Vires Acts

Multiple Choice Hard

Practice question

A city uses a zoning ordinance to defeat property-use rights already granted under controlling national authority. The facts establish the direct inconsistency and no lawful power to amend that grant. The city argues zoning authority permits displacement of every such national limitation. Which is best?
  1. Zoning power is not unlimited; the established inconsistency is an ultra vires defect
  2. Every zoning ordinance supersedes national law
  3. Local boundaries make national rights disappear
  4. A permit label eliminates vested interests
  5. The city may amend any national grant privately

Legal references

  • Quezon City Government v. Manila Seedling Bank Foundation, GR 208788, 2024, main opinion: https://lawphil.net/judjuris/juri2024/jul2024/gr_208788_2024.html

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