Practice question
An agency calls a circular interpretative, but it introduces a new binding condition on permit applicants not previously present in law or rules. What should be examined?
- Only the circular's title
- Only its font
- Only the director's preference
- Only whether it was emailed
- Its actual substance and effect rather than the label alone
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
- Republic v. Pilipinas Shell Petroleum Corporation, G.R. No. 173918, April 8, 2008, main opinion: https://lawphil.net/judjuris/juri2008/apr2008/gr_173918_2008.html
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