Philippine Bar review · Question

Practice question: Nullum Crimen, Nulla Poena Sine Lege

Multiple Choice Medium

Practice question

An enabling statute authorizes implementation within defined prohibitions and fixes a maximum fine. A circular independently raises the criminal maximum beyond that authorization. No other law supports the increase. Which is best?
  1. Any agency may increase any criminal maximum at will.
  2. The circular’s later date automatically controls over the Act.
  3. The statutory ceiling is merely a suggestion.
  4. The agency cannot manufacture the greater criminal penalty beyond the law’s authority.
  5. The offender’s unpopularity supplies the increase.

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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