Philippine Bar review · Question

Practice question: Executive Departments and Offices

Multiple Choice Hard Jurisprudence

Practice question

A statute expressly requires a particular decision to be made by the President personally. A department secretary instead makes it, relying solely on the proposition that all departmental acts are always presidential acts. The parties concede the statutory personal-action requirement. Which analysis is best?
  1. The doctrine automatically repeals the statute.
  2. The secretary may erase the word personally by memorandum.
  3. Every statutory limit is merely advisory.
  4. Villena expressly preserves acts requiring personal presidential exercise, so the general departmental presumption does not answer the conceded requirement.
  5. The decision becomes valid solely if the secretary is senior.

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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