Shall not practice directly or indirectly

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Unformatted text preview: 180643, Mar. 25, 2008). 2. Executive Secretary, upon proper authorization from the President Q: Sec. 1 of EO 464 required all heads of departments in the Executive branch to secure the consent of the President before appearing in an inquiry conducted by either House of Congress, pursuant to Art. VI, sec. 22 of the Constitution. Does this section applies only question hour? Is it valid? Note: The Executive Secretary must state that the authority is “By order of the President,” which means he personally consulted with her. A: Section 1, in view of its specific reference to Section 22 of Article VI of the Constitution and the absence of any reference to inquiries in aid of ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 43 UST GOLDEN NOTES 2011 legislation, must be construed as limited in its application to appearances of department heads in the question hour contemplated in the provision of said Section 22 of Article VI. The reading is dictated by the basic rule of construction that issuances must be interpreted, as much as possible, in a way that will render it constitutional. The requirement then to secure presidential consent under Section 1, 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. (Senate v. Ermita, G.R. No. 169777, April 20, 2006) Note: Sec. 1 of EO 464 cannot, however, be applied to appearances of department heads in inquiries in aid of legislation. Congress is not bound in such instances to respect the refusal of the department head to appear in such inquiry, unless a valid claim of privilege is subsequently made, either by the President herself or by...
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