Public Corporation: Midterm Examination

I. An ordinance of the Municipality of Virac, Catanduanes was passed classifying the warehouse of Mr. X as
a public nuisance because of the disturbance caused by the operations of an abaca boiling machine
inside the warehouse. It allegedly affected the tranquility and health of the neighborhood due to the
smoke. X moved for reconsideration but the council denied it, hence he went to the court raising the
issue whether the warehouse is a nuisance or not. Decide.

II. PAGCOR decided to operate a casino in Baguio City under the authority of PD 1869. It leased a portion of
a building owned by Mr. A, who renovated and equipped it for its inauguration. The City Council enacted
an ordinance prohibiting the operation of casinos in the city and providing penalty for its violation. Mr. A
and PAGCOR assailed the validity of the ordinance in court. How would you resolve the issue? Discuss
fully.

III. The Municipality of Betis, Pampanga passed an ordinance penalizing any person or entity engaged in the
business of selling tickets to movies or other public exhibitions, games or performances which would
charge children between seven (7) and twelve (12) years of age the full price of admission tickets
instead of only one half of the amount thereof. Would you hold the ordinance a valid exercise of power
by the Municipality? Why?

IV. An ordinance was passed by the Municipality of Bocaue, Bulacan, prohibiting the operation of nightclubs,
cabarets and dance halls in the Municipality of the renewal of their licenses to operate them. Petitioners,
owners and operators of nightclubs in Bocaue filed a petition questioning the validity of the ordinance
and to prohibit said municipality from enforcing the same. The RTC of Bulacan dismisses the petition and
upheld the validity of the ordinance. Thereafter petition for certiorari was filed by the petitioners before
the Supreme Court. Will it prosper? Why?

V. Mapayo is a Municipality composed of 80 barangays. The 30 western barangays, feeling left out of
economic initiatives; wish to constitute themselves into a new separate town to be called MASIGLA.

Granting MASIGLA’s proponents succeed to secure a law in their favor, would a [plebiscite necessary or
not? If it’s necessary, who should vote or participate in the plebiscite? Discuss briefly.

VI. An Ordinance in Quezon City required memorial park operators to set aside at least 2% of the land area
of their cemetery for charity burial of deceased pauper residents. Discuss the constitutional validity of
the ordinance.

VII. May the Local Government Unit exercise the power of eminent domain? If so, under what conditions?

VIII. What is the meaning of Devolution and its implications?

IX. State the basic principles governing the effective implementation of the Local Government Code.