Practice question
After a national emergency proclamation, the President orders a privately owned utility taken over. Congress remains able to legislate, but no law authorizes the takeover, and no other statutory basis is identified. Officials rely solely on the proclamation and Article XII, Section 17. Under the main ruling in David, which conclusion is correct?
- The proclamation alone supplies all legislative emergency powers.
- A utility's private ownership excludes it from any possible emergency legislation.
- The takeover lacks the necessary congressional authorization on these facts.
- The order becomes a statute after thirty days.
- The utility may be taken over only if every shareholder consents.
Legal references
- David v. Macapagal-Arroyo, G.R. No. 171396 et al., May 3, 2006, main decision, emergency powers and private-utility takeover: https://lawphil.net/judjuris/juri2006/may2006/gr_171396_2006.html
- 1987 Constitution, Article VI Section 23(2) and Article XII Section 17: https://lawphil.net/consti/cons1987.html
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