Practice question
A circular genuinely explains an existing provision without adding a requirement, penalty or legal burden. A separate circular creates a new binding public compliance regime under delegated power. A lawyer says both must have identical treatment solely because both are called circulars. Which is best?
- Every circular is necessarily substantive
- Every circular is necessarily internal
- Every circular is necessarily a court order
- The two may fall into different rule categories; their functions and effects govern
- The agency may ignore both documents
Legal references
- Tanada v. Tuvera, G.R. No. L-63915, December 29, 1986, main resolution: https://lawphil.net/judjuris/juri1986/dec1986/gr_l-63915_1986.html
- Administrative Code of 1987, Book VII, Sections 2-4 and 9: https://lawphil.net/executive/execord/eo1987/eo_292_1987.html
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