Philippine Bar review · Question

Practice question: Delegated Powers

Multiple Choice Medium Jurisprudence

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?
  1. Desirability automatically satisfies any statutory condition.
  2. Fact-finding authority does not permit treating an unmet legislatively fixed condition as met.
  3. The President may replace every rate whenever collections fall.
  4. The threshold is only decorative.
  5. 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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