Philippine Bar review · Question

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

Multiple Choice Hard Jurisprudence

Practice question

A properly contested presidential inability reaches Congress. Instead of votes by both Houses, a conference committee composed of a few Senators and Representatives decides the issue by unanimous vote. Neither chamber adopts the constitutionally prescribed determination. Does committee unanimity replace the process in Section 11?
  1. Yes, because committee unanimity transfers all constitutional powers to the committee.
  2. Yes, because any bicameral group is Congress voting as required.
  3. Yes, if the committee announces its decision publicly.
  4. No; Section 11 requires the prescribed two-thirds vote of both Houses voting separately, not a substitute committee determination.
  5. No, because Congress has no constitutional role in inability.

Legal references

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

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