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Philippine Bar review · Question

Practice question: Ultra Vires Acts

Multiple Choice Medium

Practice question

An ordinance concededly exceeds the municipality's substantive power. Officials argue that unanimous passage and proper publication necessarily create the missing authority. Which is best?
  1. Publication amends the enabling law
  2. Those steps do not themselves supply a substantive power the municipality lacks
  3. Unanimity makes every act lawful
  4. Every newspaper may confer public powers
  5. The number of copies controls authority

Legal references

  • Magtajas v. Pryce Properties, GR 111097, July 20, 1994, main opinion: https://lawphil.net/judjuris/juri1994/jul1994/gr_111097_1994.html
  • RA 7160 Sections 16 and 22: https://www.lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html

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