Political Law, 2022 Bar — Question 9

QUESTION

During a press conference, President Acosta explained that the Executive Department can temporarily take over the operation of any privately owned public utility or business affected with public interest to address the shortage of hospital beds occasioned by the COVID-19 pandemic. She invokes Article XII, Section 17 of the 1987 Philippine Constitution, which provides that: “In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.” Is President Acosta correct? Explain briefly. (5 points)

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