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Answers to Test 2

1. A. Yes. Advance or prior notice of questions that may be asked of him is mandatory.
B. No. A counsel is not required in Legislative inquiry.
C. No. Right to self-incrimination is only applicable when the incriminating question is being
asked.
D. No. Executive privilege may only be invoked as a ground to refuse attendance if there is a
formal invocation of the President.
2. Legal Bases:
a. It violates Separation of Powers.
b. It violates public accountability in effect, the lawmakers will be the one to exercise
oversight over themselves. Legislators cannot intervene in any matter in which he will be
called upon to exercise his function.
c. It impairs checks and balances the president is deprived of his line item veto.
d. It violates local autonomy lawmakers will in effect determine local development
projects.
e. It is a violation of the principle of non-delegation.
3. A. No. it constitutes passage of irrepealable laws, implied limitation of the power of the
Congress.
B. No. Unconstitutional.
4. A. Valid. Power given to any member of the cabinet is given also to the President because he is
the only officer who has Executive powers.
B. Valid. The President has no power to reorganize the National Government but he may
reorganize the office of the President. The President has the power to ensure that laws are
executed, pursuant to this, he may create ad hoc investigative commissions.
C. Not Valid. The requisites of budget augmentation are not met.
- there must be a law
- there must be savings
- there must be an existing project
D. Not Valid. Release of the IRA should be automatic without any additional condition. It is a
violation of local autonomy.
5. Yes. There is no violation of Civilian Supremacy.
6. Yes. Where a military officer is torn between obeying the President and obeying the Senate, the
Court will without hesitation affirm that the officer has to choose the President. , the
commander in-chief clause vests on the President, as commander-in-chief, absolute authority
over the persons and actions of the members of the armed forces. Such authority includes the
ability of the President to restrict the travel, movement and speech of military officers, activities
which may otherwise be sanctioned under civilian law.
7. Valid the Senate has the power to discipline its own members.
8. Valid. The president has the power to reorganize the Office of the President and to ensure the
the laws are being executed.
9. No. No law shall be passed abridging the right of the people of to freedom of speech, expression
or off the press and the right of the people to peaceably assemble and petition the Government
for redress of grievances.
10. No, RA is not valid. jurisprudence dictates that when congress clothes the pres. with the power
to appoint an officer, congress cannot limit the choice of the pres to only one candidate. the
conferment necessarily comes from the discretion to appoint. case to pre.
11. Invalid. Legislative veto is a statutory provision requiring the President or an administrative
agency to present the proposed implementing rules and regulations of a law to Congress which,
by itself or through a committee formed by it, retains a right or power to approve or disapprove
such regulations before they take effect. As such, a legislative veto in the form of a congressional
oversight committee is in the form of an inward-turning delegation designed to attach a
congressional leash (other than through scrutiny and investigation) to an agency to which
Congress has by law initially delegated broad powers. It radically changes the design or structure
of the Constitutions diagram of power as it entrusts to Congress a direct role in enforcing,
applying or implementing its own laws. Thus, legislative veto is not allowed in the Philippines.
(ABAKADA Guro Party-List v. Purisima, GR No. 166715, August 14, 2008)
12. Yes. Executive has a right to withhold documents that might reveal: a. military or state secrets
respecting military, diplomatic, and security matters. b. identity of government informers in
some circumstances c. information related to pending investigation d. foreign relations
13. Jurisprudence teaches that for the claim to be properly invoked, there must be a formal claim of
privilege, lodged by the head of the department which has control over the matter." A formal
and proper claim of executive privilege requires a "precise and certain reason" for preserving
their confidentiality
15 The elements of presidential communications privilege are as follows:
a) The protected communication must relate to a quintessential and nondelegable presidential
power.
b) The communication must be authored or solicited and received by a close advisor of the
President or the President himself. The judicial test is that an advisor must be in operational
proximity with the President.
c) The presidential communications privilege remains a qualified privilege that may be overcome
by a showing of adequate need, such that the information sought likely contains important
evidence and by the unavailability of the information elsewhere by an appropriate investigating
authority.
16 - It is a violation of the Rule making power of the SC.
- It is a violation of separation of powers.
- It is a violation of the fiscal autonomy of the judiciary.
17 The case will not prosper. Enrolled Bill doctrine. Once a bill has been approved by both Houses,
the bill is engrossed or enrolled and this enrolled copy of the bill bears the certification of the
presiding officer of the House (either the President or the Speaker of the House) that thus bill as
enrolled is the version passed by each house. The purpose of the certification is to prevent
attempted acts of smuggling riders. The enrolled copy is sent to the President. In case of
discrepancy between the enrolled copy of the bill and any other copy of the bill, the enrolled
copy prevails.
As the President has no authority to approve a bill not passed by Congress, an enrolled Act in the
custody of the Secretary of State, and having the official attestations of the Speaker of the House
of Representatives, of the President of the Senate, and of the Chief Executive, carries, on its face,
a solemn assurance by the legislative and executive departments of the government, charged,
respectively, with the duty of enacting and executing the laws, that it was passed by Congress.
18 Case will not prosper. Enrolled bill.
19 Yes. The requirement then to secure presidential consent under Section 1 [of E.O. 464], limited
as it is only to appearances in the question hour, is valid on its face. For under Section 22, Article
VI of the Constitution, the appearance of department heads in the question hour is discretionary
on their part.
20 No. When the inquiry in which Congress requires their appearance is "in aid of legislation" under
Section 21 [Article VI], the appearance is mandatory for the same reasons stated in Arnault.
When Congress exercises its power of inquiry, the only way for department heads to exempt
themselves therefrom is by a valid claim of privilege. A requirement of presidential approval
before executive officials can attend a legislative inquiry - is an implied claim of executive
privilege, which is invalid
21 No. When Congress exercises its power of inquiry, the only way for department heads to exempt
themselves therefrom is by a valid claim of privilege. Jurisprudence teaches that for the claim to
be properly invoked, there must be a formal claim of privilege, lodged by the head of the
department which has control over the matter." A formal and proper claim of executive privilege
requires a "precise and certain reason" for preserving their confidentiality
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23 No. SECTION 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this Constitution.
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