Philippine Bar review · Question

Practice question: Nature and Concept

Multiple Choice Hard Jurisprudence

Practice question

An emergency planning board prepares a replacement national charter allocating all legislative, executive and judicial authority to itself. It labels the document an internal administrative manual and claims it can take effect through a board resolution, without any constitutionally prescribed process. No existing constitutional authority supports the change. What is the central problem?
  1. The board may replace the fundamental framework whenever it calls the document a manual.
  2. A document reorganizing the fundamental allocation of governmental power cannot acquire constitutional authority merely through an administrative label and resolution.
  3. The resolution is sufficient if the document is printed officially.
  4. A unanimous board vote is equivalent to ratification by the people.
  5. The absence of a document title prevents any legal analysis.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
  • Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/34508

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