Practice question
During a national emergency, an executive issuance purports to take over a privately owned public utility solely on the strength of the President’s emergency declaration. No statute delegates the takeover authority, and the President claims no other legal basis. Applying Mendoza v. Pilipinas Shell Petroleum Corporation, which assessment is best?
- The declaration automatically supplies every power necessary to address the emergency.
- An emergency declaration alone does not supply the legislative delegation required for the claimed temporary takeover power.
- The power is valid if the utility is profitable.
- The power is valid because the Cabinet can replace Congress in emergencies.
- Every public utility permanently becomes State property upon an emergency declaration.
Legal references
- Mendoza v. Pilipinas Shell Petroleum Corporation, G.R. No. 209216, February 21, 2023, main decision, legislative authorization of temporary emergency powers: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69259
- 1987 Constitution, Article VI, Section 23 and Article VII, Section 18: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VI, Section 23(2).
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