Practice question
A valid statute already defines prohibited conduct and its penalty and authorizes technical implementation. A regulation stays within those limits. An accused objects solely that a regulation is involved. Which is sound?
- Every implementing rule is necessarily an unconstitutional new crime.
- The statute becomes irrelevant once regulations exist.
- Technical implementation automatically repeals the offense.
- No law can ever incorporate authorized implementing details.
- The objection alone does not establish unauthorized crime creation; examine the statute and conformity of the rule.
Legal references
- People v. Maceren, G.R. No. L-32166, October 18, 1977, main decision, administrative rulemaking limits (historical old-Fisheries-Law prosecution): https://lawphil.net/judjuris/juri1977/oct1977/gr_32166_1977.html
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