Practice question
A DOLE issuance labels itself interpretative but in substance creates new binding duties for the public under delegated authority. The agency invokes the label alone to avoid required publication. What is the proper response?
- Examine its actual substance rather than treating the title as conclusive exemption
- Every interpretative label is conclusive
- All new public duties are internal office matters
- Agency labels amend the Constitution
- Publication can never apply to departmental rules
Legal references
- Labor Code, Articles 4-5: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- Tañada v. Tuvera, G.R. No. L-63915, December 29, 1986, MAIN resolution: https://lawphil.net/judjuris/juri1986/dec1986/gr_l-63915_1986.html
- Executive Order No. 200, June 18, 1987, amending Civil Code Article 2: https://lawphil.net/executive/execord/eo1987/eo_200_1987.html
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