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Philippine Bar review · Question

Practice question: Doctrine of Qualified Political Agency

Multiple Choice Hard

Practice question

A valid law authorizes temporary energy-sector takeover. The President expressly directs the Energy Secretary not to implement a specified takeover. The secretary proceeds anyway and argues that alter-ego status makes the act valid regardless of presidential instructions. No other authority is asserted. Which conclusion best applies Mendoza?
  1. Alter-ego status makes all presidential instructions irrelevant
  2. The secretary may replace the President’s decision without limit
  3. Action contrary to the President’s intent or instructions cannot be justified by qualified political agency
  4. The statute automatically abolishes presidential control
  5. The secretary’s disagreement itself ratifies the act

Legal references

  • Mendoza v. Pilipinas Shell Petroleum Corp., G.R. No. 209216, February 21, 2023, main decision: https://lawphil.net/judjuris/juri2023/feb2023/gr_209216_2023.html

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