Philippine Bar review · Question

Practice question: Requisites for Validity

Multiple Choice Medium

Practice question

An agency publishes a rule that directly contradicts the enabling statute. It argues publication alone cures the contradiction. Which is best?
  1. Publication does not cure lack of substantive legal authority
  2. Publication amends every statute
  3. Every published rule prevails over Congress
  4. The agency may repeal the Constitution by publication
  5. Only the number of copies matters

Legal references

  • 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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