Practice question
An agency invokes broad conservation purposes to punish an activity outside the enabling statute’s authorized penal scope. It argues scientific desirability alone supplies the missing power. The relevant legal gap is established and no other applicable offense is alleged. Which is sound?
- Conservation policy automatically permits every criminal sanction.
- A sound policy objective does not itself confer the missing penal authority.
- Scientific usefulness repeals the separation of powers.
- The agency may impose imprisonment solely from preference.
- A beneficial purpose eliminates all limits on regulations.
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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