Practice question
An agency publishes a rule creating a new criminal prohibition absent from the statute, relying only on its broad implementation clause. It concedes no law authorizes that extension. Officials say publication supplies the missing legislative substance. Which is best under Maceren?
- Publication alone creates every criminal offense.
- Administrative expertise replaces the statute entirely.
- The agency may legislate any penalty it desires.
- A regulation cannot extend the penal law beyond its authorized scope merely by being published.
- Only the rule’s font determines legal authority.
Legal references
- People v. Maceren, G.R. No. L-32166, October 18, 1977, main decision: https://lawphil.net/judjuris/juri1977/oct1977/gr_32166_1977.html
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