Practice question
DOLE issues two measures under a labor statute. The first supplies a lawful inspection form; the second invents a new statutory exemption that the law expressly rejects. All applicable procedural requirements are assumed satisfied. A consultant says both must stand because procedural compliance conclusively proves validity. What is the best assessment?
- Both necessarily amend the statute
- Both necessarily lack legal effect because DOLE issued them
- Procedural compliance authorizes any substantive change
- The form may validly implement the law, while the conflicting exemption exceeds delegated authority
- The exemption prevails if the form is useful
Legal references
- Labor Code, Article 5; Guagua National Colleges, G.R. 213730, June 23, 2021: https://lawphil.net/judjuris/juri2021/jun2021/gr_213730_2021.html
- Labor Code, Article 5: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
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