Philippine Bar review · Question

Practice question: Power to Determine President’s Inability to Discharge Duties

Multiple Choice Medium Jurisprudence

Practice question

A Cabinet has ten total members. Four sign and transmit an inability declaration, and no other member joins. Assuming no independent presidential declaration, does this meet Section 11’s Cabinet-majority requirement?
  1. Yes, because any four ministers suffice.
  2. No; four of ten are not a majority of all Cabinet Members.
  3. Yes, if the four are senior.
  4. Yes, if the Vice-President prefers their view.
  5. No, because unanimous Cabinet action is always required.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 11.

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