Philippine Bar review · Question

Practice question: Delegation of Powers

Multiple Choice Hard

Practice question

Congress creates a fund for restoring public hospitals damaged by typhoons. The statute identifies eligible hospitals, allowable repairs, a fixed appropriation, audit duties and a cost-based allocation method. A final clause permits the President to divert any unused balance to any other purpose the President considers desirable, without identifying a related program or other limit. A hospital association challenges only that clause. Which is the strongest delegation objection?
  1. All spending implementation must be performed personally by Congress
  2. The clause permits the President to choose new spending purposes without a sufficient legislative standard
  3. The clause is valid because any desire of an elected President is a sufficient standard
  4. The clause is valid because the total appropriation is a fixed amount
  5. The clause is invalid solely because hospitals are locally situated

Legal references

  • Belgica v. Ochoa, G.R. Nos. 208566, 208493 and 209251, November 19, 2013, main decision: https://lawphil.net/judjuris/juri2013/nov2013/gr_208566_2013.html

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