Philippine Bar review · Question

Practice question: Separation of Powers

Multiple Choice Hard Jurisprudence

Practice question

A regional trial court finally resolves a private land dispute within its jurisdiction. An executive bureau, which has no appellate authority, then orders the clerk to replace the dispositive portion because the bureau’s policy favors the losing party. The bureau says its order merely coordinates government work. Which assessment best fits separation of powers?
  1. The bureau’s policy preference is an independent source of appellate jurisdiction.
  2. The clerk may comply because the bureau used the word coordination.
  3. The bureau may revise any judgment concerning land.
  4. The executive order cannot substitute bureau policy for the court’s final adjudication.
  5. The court’s judgment is valid only if every bureau endorses it.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VIII, Section 1.
  • Angara v. Electoral Commission, G.R. No. 45081, July 15, 1936, main opinion: https://lawphil.net/judjuris/juri1936/jul1936/gr_45081_1936.html

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