Practice question
Officials cite Marcos v. Manglapus to claim that, because some presidential powers are implied, the President may disregard an express statutory prohibition and legislate whenever Congress is slow. They also invoke Section 20 of EO 292. Which response is most accurate?
- Marcos recognizes implied executive powers, but does not revive the 1973 Amendment No. 6 legislative power; Section 20 requires lawful authority and does not justify the claimed statutory override.
- Marcos held that all presidential powers must be individually enumerated.
- The 1973 Amendment No. 6 remains a standing legislative grant under the 1987 Constitution.
- Section 20 expressly authorizes repeal of any statute.
- An implied power is necessarily unlimited.
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
- Executive Order No. 292, Book III, Title I, Chapter 7, Section 20, residual powers: 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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