Philippine Bar review · Question

Practice question: Calling Out Powers

Multiple Choice Hard Jurisprudence

Practice question

A lawful deployment provides military assistance under police direction. A commander claims that because IBP upheld joint patrols, it also authorizes independent military replacement of the police leadership and permanent assumption of civilian offices. No separate legal appointment or authority is identified. Which response is best?
  1. IBP approved every possible military takeover of civilian functions
  2. A lawful initial deployment removes all structural limits
  3. Military command may amend the Constitution personally
  4. The decision’s approval of limited assistance does not authorize the materially different replacement of civilian authority
  5. A uniform is sufficient legal appointment to any civilian office

Legal references

  • IBP v. Zamora, G.R. No. 141284, August 15, 2000, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/36338
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article II, Section 3; Article XVI, Section 5(4).

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