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Philippine Bar review · Question

Practice question: Public Corporations

Multiple Choice Hard

Practice question

A municipality remains the named defendant. Its incumbent mayor receives summons properly in official executive-head capacity. A later election changes the mayor, but not the municipal party. The plaintiff claims the municipality has become an entirely new juridical defendant solely because its executive changed. Which distinction matters?
  1. The public corporation’s identity is distinct from the changing individual officeholder
  2. Each election automatically creates a new municipality
  3. Every new mayor cancels every completed service
  4. The former mayor owns the municipality
  5. The contractor becomes the public corporation

Legal references

  • Current Rule14 relevant Sections5–6,11–12,14–16 and19–23: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html Public-corporation service, individual capacity and proof.

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