Practice question
An agency adopts a substantive rule applicable to the public, subject to both publication and Book VII filing requirements. It completes newspaper publication but concedes that it omitted the applicable Law Center filing. Officials argue that publication necessarily substitutes for every filing obligation. Which is best?
- Publication always repeals filing requirements
- The two requirements are distinct; compliance with one does not itself establish the other
- Filing is required only for private contracts
- Every published circular is automatically valid
- Law Center filing changes the statute's text
Legal references
- Administrative Code of 1987, Book VII, Sections 2-4 and 9: https://lawphil.net/executive/execord/eo1987/eo_292_1987.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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