Philippine Bar review · Question

Practice question: Delegation of Powers

Multiple Choice Medium Jurisprudence

Practice question

A statute requires the regulator to set technical emissions limits using specified health criteria, measurement methods and a statutory maximum. The regulator chooses a permissible numerical limit after technical study. Is the law invalid merely because Congress did not state that final number?
  1. Yes, all numerical standards must appear in statutes
  2. Yes, technical study is exclusively judicial work
  3. No, bounded technical implementation is not necessarily an unlawful delegation
  4. No, agencies possess unlimited independent legislative power
  5. Yes, a regulator may only copy statutory language

Legal references

  • Gerochi v. Department of Energy, G.R. No. 159796, July 17, 2007, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/44055

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