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?
- A department secretary is constitutionally superior to the President.
- Villena abolishes presidential control.
- The presumption is qualified by presidential disapproval and does not make the secretary’s choice unreviewable.
- Only the secretary may decide what the President meant.
- 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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