Philippine Bar review · Question

Practice question: Common Constitutional Provisions

Multiple Choice Hard

Practice question

A Commission en banc adopts a rule for filing a statutory monetary claim. The rule does more than regulate forms or deadlines: it abolishes the substantive entitlement that the statute grants, without any amendment of the statute. The Commission says its rulemaking independence is sufficient authority. Which conclusion is strongest?
  1. The rule is valid because independence permits repeal of every law.
  2. The rule is valid only if printed in two fonts.
  3. The rule violates the substantive-rights limit on the Commission's procedural rulemaking.
  4. The rule is invalid because a Commission can never make procedural rules.
  5. The rule is valid if the claimant was not consulted.

Legal references

  • 1987 Constitution, Article IX-A Section 6: https://lawphil.net/consti/cons1987.html

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