Philippine Bar review · Question

Practice question: Delegation of Powers

Multiple Choice Hard

Practice question

A severe national emergency disrupts fuel supplies. Congress passes a law declaring a fuel-distribution policy and authorizing the President, for ninety days, to ration deliveries under stated priorities and reporting requirements. The President claims that the delegation necessarily continues for the rest of the presidential term because supplies remain uncertain. Congress has neither extended the authority nor enacted a different emergency law. Which answer is best?
  1. The President may extend the authority whenever executive advisers recommend it
  2. The original delegation was necessarily void because no emergency power may be delegated
  3. The authority automatically becomes permanent once first exercised
  4. The President must observe the statutory duration; the original limited delegation does not authorize unilateral extension
  5. The authority continues unless the Supreme Court first orders it to stop

Legal references

  • 1987 Constitution, Article VI, Section 23(2). https://lawphil.net/consti/cons1987.html

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