Philippine Bar review · Question

Practice question: General Principles

Multiple Choice Medium

Practice question

A statute grants a benefit to qualified workers without an additional service-year requirement. The implementing agency adds a five-year requirement that the statute expressly excludes. The agency cites only administrative convenience. What is the central defect?
  1. The agency used the number five.
  2. Workers can never be subject to any regulation.
  3. All administrative rules are invalid.
  4. The regulation contradicts the statute it purports to implement.
  5. Convenience always overrides statutory eligibility.

Legal references

  • People v. Maceren, G.R. No. L-32166, October 18, 1977, main decision, limits of administrative rulemaking: https://lawphil.net/judjuris/juri1977/oct1977/gr_32166_1977.html

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