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?
- Any agency may increase any criminal maximum at will.
- The circular’s later date automatically controls over the Act.
- The statutory ceiling is merely a suggestion.
- The agency cannot manufacture the greater criminal penalty beyond the law’s authority.
- 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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