Practice question
An agency labels a circular interpretative, but it actually adds a new binding obligation on regulated private businesses. It was never published. What is the strongest analysis?
- The label does not settle the issue; a substantive implementing rule affecting the public requires the applicable publication
- The label conclusively excuses publication
- Every unpublished circular binds the public
- Private businesses are agency personnel
- Only the issuing official’s intent matters
Legal references
- Tañada v. Tuvera, G.R. No. L-63915, December 29, 1986, main resolution: https://lawphil.net/judjuris/juri1986/dec1986/gr_l-63915_1986.html
- Philippine Association of Service Exporters, Inc. v. Torres, G.R. No. 103144, April 4, 2001, main decision: https://lawphil.net/judjuris/juri2001/apr2001/gr_103144_2001.html
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