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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWIII. EXECUTIVE DEPARTMENTD. Power of Control and Supervision (1987 Constitution, Art. VII, sec. 17)1. Executive Departments and Offices, Doctrine of Qualified Political Agency

Question

Power of Control and Supervision: Executive Departments and Offices, Doctrine of Qualified Political Agency

Scenario:

The President of the Philippines is the head of the executive branch of the government and exercises control and supervision over all executive departments and offices. One of the principles that governs this relationship is the Doctrine of Qualified Political Agency, wherein the acts of the department secretaries or heads are presumed to be acts of the President, unless disapproved or reprimanded by the latter.

In light of this scenario, please answer the following question:

  1. Secretary Martinez is the head of the Department of Education. He issued a memorandum implementing a new policy regarding the school curriculum. The memorandum was published and disseminated to all schools in the country. However, some education stakeholders deem the new policy to be unconstitutional. Can the President be held personally liable for the unconstitutional policy? Explain your answer.
  2. Under the Doctrine of Qualified Political Agency, the President exercises control and supervision over all executive departments. How does this doctrine affect the accountability of the President for the actions or decisions made by department secretaries or heads? Discuss at least two (2) implications of this doctrine in terms of the President's accountability.



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Bar Review Question: Power of Control and Supervision: Executive Departments and Offices, Doctrine of Qualified Politica