Practice question
Under Maceren, may an administrative agency expand an enabling penal law to cover conduct the law does not authorize it to punish?
- No.
- Yes; any agency may create crimes without legal basis.
- Only the agency’s preferred policy matters.
- Every circular automatically amends Congress’s Act.
- A departmental seal substitutes for legislative authority.
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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