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Philippine Bar review · Question

Practice question: Ultra Vires Acts

Multiple Choice Hard

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?
  1. Private consent creates every public power
  2. The resolution and consent cannot themselves confer the absent substantive authority
  3. Any benefit automatically validates every transaction
  4. The counterpart may rewrite the LGU charter
  5. 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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