Practice question
A tariff statute authorizes the President to adjust a specified tariff between 5% and 15%, subject to stated restrictions and the national development program. After following the required procedure, the President sets it at 22%, arguing that the Constitution permits tariff delegation. The statute has not been amended. Which analysis is best?
- The Constitution’s permission makes every statutory ceiling optional.
- The 22% rate is valid merely because it is numerical.
- The President may change statutory limits by invoking expertise.
- Even a permissible delegation must be exercised within its statutory limits; 22% exceeds the stated ceiling.
- The existence of any range makes the delegation automatically unconstitutional.
Legal references
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VI, Section 28(2).
- 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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