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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWII. LEGISLATIVE DEPARTMENTD. Legislative Inquiries and Oversight Functions (1987 Constitution, Art. VI, secs. 21-22)

Question

II. LEGISLATIVE DEPARTMENT

Topic: D. Legislative Inquiries and Oversight Functions (1987 Constitution, Art. VI, secs. 21-22)

1. A congressional committee is conducting an investigation on alleged irregularities in the implementation of a government infrastructure project. During the course of the inquiry, a government official who is a potential witness refuses to answer certain questions, citing executive privilege. The committee insists that the official should provide answers, claiming that the subject matter falls within its oversight powers. Determine the validity of the committee's insistence and the official's claim of executive privilege. (10%)

2. A committee of Congress decides to conduct a legislative inquiry on the proliferation of fake medicines in the market. As part of the inquiry, the committee subpoenas documents from a pharmaceutical company to ascertain its compliance with relevant laws and regulations. The company objects to the subpoena, arguing that it violates its constitutional right against unreasonable searches and seizures. Resolve the conflict between the committee's authority to conduct legislative inquiries and the company's right against unreasonable searches and seizures. (10%)

3. Congress enacts a law creating an agency responsible for the regulation of the telecommunication industry. Pursuant to its oversight function, the legislature decides to hold a series of public hearings to assess the agency's performance. An industry association representing various telecommunication companies challenges the legality of the hearings, arguing that Congress, being the legislative branch, cannot interfere with the functions of an executive agency. Assess the validity of the association's argument and discuss the extent of Congress' oversight powers over executive agencies. (10%)




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Bar Review Question: II. LEGISLATIVE DEPARTMENT Topic: D. Legislative Inquiries and Oversight Functions (1987 Constituti