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Philippine Bar review · Question

Practice question: Doctrine of Qualified Political Agency

Multiple Choice Hard

Practice question

A Cabinet secretary, relying solely on alter-ego status, independently decides to proclaim martial law and signs the proclamation. The President did not personally make that constitutional decision. The secretary argues that later presidential ratification would make the exercise valid. Which answer follows from the personal-power exception reaffirmed in Mendoza?
  1. Every presidential power is freely exercisable by any Cabinet member.
  2. Later approval always cures another person's exercise of a personal presidential prerogative.
  3. Qualified political agency does not authorize the secretary's exercise of this personally vested constitutional power.
  4. The doctrine makes the secretary the permanent Commander-in-Chief.
  5. Departmental seniority alone determines who may proclaim martial law.

Legal references

  • 1987 Constitution, Article VII Section 18: https://lawphil.net/consti/cons1987.html
  • Mendoza v. Pilipinas Shell Petroleum Corporation, G.R. No. 209216, February 21, 2023, main decision, personal constitutional powers: https://lawphil.net/judjuris/juri2023/feb2023/gr_209216_2023.html

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