Practice question
An LGU undertakes a transaction that it has no substantive statutory power to make. After it is challenged, officials adopt a resolution saying the public benefit and private counterpart's consent create the absent power. There is no new enabling law. Which is best?
- Private consent creates every public power
- The resolution and consent cannot themselves confer the absent substantive authority
- Any benefit automatically validates every transaction
- The counterpart may rewrite the LGU charter
- All procedural defects and substantive excesses are identical
Legal references
- RA 7160 Sections 16 and 22: https://www.lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
- 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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