Philippine Bar review · Question

Practice question: Residual Powers (EO 292, Book III, Title I, Ch. 7, Sec. 20)

Multiple Choice Medium Jurisprudence

Practice question

A law grants the President a particular administrative power but expressly requires advance notice to affected persons. Officials invoke only Section 20 to dispense with the notice requirement. Which is best?
  1. A residual-powers citation deletes every condition in the source law.
  2. The preserved power remains bounded by the source law’s conditions; Section 20 alone does not erase the notice requirement.
  3. A power vested by law can never have procedural limits.
  4. Only a private association may decide whether statutes apply.
  5. Section 20 automatically amends every notice statute.

Legal references

  • Executive Order No. 292, Book III, Title I, Chapter 7, Section 20: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html
  • Review Center Association of the Philippines v. Ermita, G.R. No. 180046, April 2, 2009, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/49250

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