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Philippine Bar review · Question

Practice question: Executive Departments and Offices

Multiple Choice Medium Jurisprudence

Practice question

The President expressly disapproves a department secretary’s ordinary administrative choice and substitutes another lawful choice within presidential control. The secretary invokes Villena to say his first choice is conclusively beyond presidential revision. Which is correct?
  1. A department secretary is constitutionally superior to the President.
  2. Villena abolishes presidential control.
  3. The presumption is qualified by presidential disapproval and does not make the secretary’s choice unreviewable.
  4. Only the secretary may decide what the President meant.
  5. All lawful executive choices require constitutional amendment.

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
  • Drilon v. Lim, G.R. No. 112497, August 4, 1994, main decision, control and supervision distinguished: https://lawphil.net/judjuris/juri1994/aug1994/gr_112497_1994.html
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 17.

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