Practice question
An executive order is titled “Administrative Coordination” but creates a new compulsory program altering private legal obligations on matters requiring legislation. Officials concede no law authorizes the alteration and defend it only by the order’s title. Applying Ople’s distinction, which analysis is best?
- An administrative label automatically supplies legislative authority.
- Courts must examine substance; calling a lawmaking measure administrative does not cure absence of authority.
- The title converts the order into a constitutional amendment.
- A compulsory program is always lawful if the President signs it.
- The conceded absence of authority is irrelevant in every administrative case.
Legal references
- 1987 Constitution, Article VII, Sections 1 and 17: https://lawphil.net/consti/cons1987.html
- Ople v. Torres, G.R. No. 127685, July 23, 1998, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/36082
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