Practice question
A statute fixes a rate increase that must operate only when a specified fiscal threshold is met. The threshold is admittedly not met, but the President applies the higher rate because revenue would be useful. Which conclusion follows the factual-contingency principle discussed in ABAKADA?
- Desirability automatically satisfies any statutory condition.
- Fact-finding authority does not permit treating an unmet legislatively fixed condition as met.
- The President may replace every rate whenever collections fall.
- The threshold is only decorative.
- The Constitution forbids Congress from stating any fiscal condition.
Legal references
- ABAKADA Guro Party List v. Ermita, G.R. No. 168056 et al., September 1, 2005, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/48624
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