Philippine Bar review · Question

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

Multiple Choice Hard Jurisprudence

Practice question

An executive order transfers regulation of an entire professional-review industry to an agency whose statutory charter does not cover that industry. The order cites faithful execution and EO 292's residual-powers clause. The government identifies no law permitting alteration of that charter. Industry members challenge the order. Which analysis follows Review Center Association?
  1. The President can enlarge every agency's charter by changing its name.
  2. The order is valid because review services are useful.
  3. The clause removes every separation-of-powers limit.
  4. The order is invalid only if Congress first passes a resolution of disapproval.
  5. The order usurps legislative authority by changing statutory functions without legal authorization.

Legal references

  • 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

Answer this question in flashcards to review your response and continue practicing.