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Philippine Bar review · Question

Practice question: Ultra Vires Acts

Multiple Choice Medium

Practice question

A local ordinance directly conflicts with a national statute in the specific situation governed by Magtajas. Officials invoke benevolent motives as the sole cure. Which is best?
  1. Good motives always repeal national law
  2. The conflict disappears if officials are sincere
  3. Any public purpose supplies every power
  4. The mayor may choose which statute exists
  5. A worthy motive does not by itself cure the legal conflict

Legal references

  • Magtajas v. Pryce Properties, GR 111097, July 20, 1994, main opinion: https://lawphil.net/judjuris/juri1994/jul1994/gr_111097_1994.html

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