Philippine Bar review · Question

Practice question: Emergency Powers

Multiple Choice Hard Jurisprudence

Practice question

A national emergency disrupts fuel distribution. Congress enacts a law allowing specified rationing measures for sixty days under stated priorities and restrictions. After the period expires, the President issues an order extending those delegated powers for another year solely because the emergency remains serious. No new authorizing law exists. Which is best?
  1. The President must respect the limited grant and cannot unilaterally rewrite its duration
  2. Persistence of an emergency automatically supplies unlimited legislative authority
  3. The extension is valid if executive agencies prefer it
  4. The original grant permanently transfers all fuel legislation
  5. The statutory restrictions become advisory after day sixty

Legal references

  • 1987 Constitution, Article VI, Section 23(2): https://lawphil.net/consti/cons1987.html
  • David v. Macapagal-Arroyo, G.R. No. 171396 and consolidated cases, May 3, 2006, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/41473

Answer this question in flashcards to review your response and continue practicing.