Political Law, 2011 Bar — Question 80
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Executive Secretary Chua issued an order prohibiting the holding of rallies along Mendiola because it hampers the traffic flow to Malacanang. A group of militants questioned the order for being unconstitutional and filed a case against Secretary Chua to restrain him from enforcing the order. Secretary Chua raised state immunity from suit claiming that the state cannot be sued without its consent. Is the claim correct? (A) No, public officers may be sued to restrain them from enforcing an act claimed to be unconstitutional. (B) Yes, the order was not a proprietary act of the government. (C) No, only the president may raise the defense of immunity from suit. (D) Yes, Secretary Chua cannot be sued for acts done in pursuance to his public office.
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