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Philippine Bar review · Question

Practice question: Executive Departments and Offices

Essay Medium Jurisprudence

Practice question

A lawful routine directive of a department secretary is attacked solely because the President did not sign it personally. The law does not require personal presidential action, no special exigency does so, and no presidential disapproval exists. Explain the departmental principle.

Legal references

  • Villena v. Secretary of the Interior, G.R. No. L-46570, April 21, 1939, main decision, presidential departmental agents and personal-action exceptions: https://lawphil.net/judjuris/juri1939/apr1939/gr_l-46570_1939.html
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 17.

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