Philippine Bar review · Question

Practice question: Emergency Powers

Multiple Choice Medium Jurisprudence

Practice question

The President declares a national emergency but identifies no law delegating legislative emergency powers. An adviser claims that the declaration alone lets the President enact penal statutes. Which is correct?
  1. Every emergency declaration creates a new legislature
  2. A press announcement supplies the missing delegation
  3. The Cabinet may replace Congress by unanimous vote
  4. The declaration alone does not supply legislative emergency powers
  5. The new penal statutes are valid merely if temporary

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.