Philippine Bar review · Question

Practice question: Emergency Powers

Multiple Choice Hard Jurisprudence

Practice question

A valid emergency statute delegates defined powers for a limited period and prohibits using them to close newspapers. A department nevertheless orders a newspaper closed solely because it criticizes emergency policy, citing only the delegation and the seriousness of the crisis. No unlawful conduct is alleged. Which analysis is strongest?
  1. The crisis makes every statutory restriction optional
  2. The order exceeds the stipulated delegation and also implicates constitutional press freedom
  3. A newspaper loses all constitutional protection during any emergency
  4. The Secretary may amend the emergency statute personally
  5. Criticism is automatically a legislative emergency

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VI, Section 23(2); Article III, Section 4.
  • David v. Macapagal-Arroyo, G.R. No. 171396 et al., May 3, 2006, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/41473

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