Practice question
A challenger argues that a presidential act is necessarily invalid solely because its name does not appear in the Constitution’s list, without addressing any implied executive basis or limit. What qualification does the Marcos majority resolution require?
- Every unnamed act is automatically lawful.
- No executive power can ever be implied.
- The absence of express enumeration alone is not conclusive, because some powers may be implied from the executive grant and constitutional duties.
- The President may enact any desired statute.
- Any person may invent a presidential power.
Legal references
- Marcos v. Manglapus, G.R. No. 88211, October 27, 1989, majority resolution on reconsideration: https://lawphil.net/judjuris/juri1989/oct1989/gr_88211_1989.html
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