Philippine Bar review · Question

Practice question: DOLE Issuances

Multiple Choice Hard

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?
  1. Both necessarily amend the statute
  2. Both necessarily lack legal effect because DOLE issued them
  3. Procedural compliance authorizes any substantive change
  4. The form may validly implement the law, while the conflicting exemption exceeds delegated authority
  5. 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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