Practice question
A national executive office issues a general personnel circular directing it to impose disciplinary penalties on trial-court employees for their court-record management. Its sole theory is that a broad reference to “all government employees” overrides the Judiciary’s specific constitutional arrangement. No Supreme Court authorization or action is identified. Which analysis is correct?
- A general circular can transfer any constitutional power by implication.
- The specific Supreme Court supervisory assignment cannot be displaced by that executive circular’s broad wording.
- All court personnel become executive staff whenever paperwork is involved.
- Constitutional supervision depends entirely on the employee’s preferred branch.
- Only the circular’s font size determines whether it prevails.
Legal references
- 1987 Constitution, Article VIII, Sections 5(6), 6 and 11: https://lawphil.net/consti/cons1987.html
- Maceda v. Vasquez, G.R. No. 102781, April 22, 1993, main decision: https://lawphil.net/judjuris/juri1993/apr1993/gr_102781_1993.html
Answer this question in flashcards to review your response and continue practicing.