Philippine Bar review · Question

Practice question: When Laws Take Effect

Multiple Choice Hard

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?
  1. The label does not settle the issue; a substantive implementing rule affecting the public requires the applicable publication
  2. The label conclusively excuses publication
  3. Every unpublished circular binds the public
  4. Private businesses are agency personnel
  5. 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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