Practice question
The President declares a national emergency and directs agencies to enforce existing laws. A legal adviser says this converts the President into Congress and permits enactment of any new penal offense even though no legislative emergency delegation exists. The directive itself creates no offense. Which distinction is correct?
- Faithful execution of existing law and making new criminal law are identical
- The declaration automatically amends every penal statute
- Enforcement of existing law does not itself supply the missing legislative authority to create new offenses
- A press release can replace an emergency-powers law
- All constitutional limits cease during an emergency
Legal references
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VII, Section 17; Article VI, Section 23(2).
- 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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