Practice question
A department secretary is sued personally for damages from acts established to have been malicious and outside lawful authority. The secretary invokes presidential immunity solely because the President appointed him. Which answer is correct?
- Presidential appointment does not transfer the President's personal incumbency immunity to the secretary
- Every presidential appointee becomes constitutionally identical to the President
- An official title erases established malice
- The appointment automatically repeals the rules on civil liability
- Only an officer's personal preference determines immunity
Legal references
- Executive Order No. 292, Administrative Code of 1987, Book I, Chapter 9, Sections 38 and 39, qualified civil liability of public officers: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html
- Nepomuceno v. Duterte, UDK No. 16838, May 11, 2021, main resolution, presidential immunity during incumbency: https://lawphil.net/judjuris/juri2021/may2021/udk_16838_2021.html
Answer this question in flashcards to review your response and continue practicing.