2016 (Civil Law) Bar Exam Questions: Question 1

[Answer/discuss the question below, or see 2016 bar exam Civil Law Instructions; 2016 Labor Law Questions:   12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]


Section 1 of P.D. No. 755 states:

“Section 1. Declaration of National Policy. – It is hereby declared that the policy of the State is to provide readily available credit facilities to the coconut farmers at preferential rates; that this policy can be expeditiously and efficiently realized by the implementation of the ‘Agreement for the Acquisition of a Commercial Bank for the Benefit of the Coconut Farmers’ executed by the Philippine Coconut Authority, the terms ofwhich ‘Agreement’ are hereby incorporated by reference; x x x”

A copy ofthe Agreement was not attached to the Presidential Decree.

P.D. No. 755 was published in the Official Gazette but the text of the Agreement described in Section 1 was not published. Can the Agreement in question be accorded the status ofa law? Explain. (5%)

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