Philippine Bar review · Question

Practice question: Delegation of Powers

Multiple Choice Medium

Practice question

A statute authorizes an agency to license cold-storage facilities that meet listed sanitation standards. The agency issues a rule requiring every facility also to donate part of its annual profit to an unrelated scholarship fund. The statute contains no such requirement or authorization. Which is the best analysis?
  1. The added donation is valid because any charitable purpose falls within licensing
  2. The agency may add any condition if it first holds a hearing
  3. The condition is valid unless Congress expressly forbids it
  4. The donation is automatically valid because facilities may refuse a license
  5. The rule exceeds implementation by adding an unrelated statutory requirement

Legal references

  • Belgica v. Ochoa, G.R. Nos. 208566, 208493 and 209251, November 19, 2013, main decision: https://lawphil.net/judjuris/juri2013/nov2013/gr_208566_2013.html

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