Philippine Bar review · Question

Practice question: Ultra Vires Acts

Multiple Choice Medium

Practice question

An LGU has authority for a type of public project but seeks immediate payment with no appropriations ordinance or law supporting it. Officials rely solely on the abstract power to contract. Which is correct?
  1. Contracting capacity always supplies an appropriation.
  2. A signature necessarily creates budget authority.
  3. A supplier may appropriate public funds unilaterally.
  4. The general contracting power does not dispense with Section 305(a)’s independent payment restriction.
  5. The payment becomes lawful if the invoice is handwritten.

Legal references

  • Republic Act No. 7160, Sections 22, 305 and 344: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html

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