Philippine Bar review · Question

Practice question: Delegated Powers

Multiple Choice Medium Jurisprudence

Practice question

Congress fixes a statutory tax rate increase and directs the President to implement it when a precisely stated fiscal threshold is met. The President only verifies whether that threshold exists. Under ABAKADA, what is the sound characterization?
  1. An automatic unconstitutional delegation because facts are involved.
  2. A delegation of authority to ascertain the statutory contingency, rather than unrestricted power to select the tax policy.
  3. A transfer of Congress's entire taxing authority.
  4. A presidential amendment of the Constitution.
  5. A delegation valid only if taxpayers individually consent.

Legal references

  • ABAKADA Guro Party List v. Ermita, G.R. No. 168056 et al., September 1, 2005, main decision, factual contingencies and limits on delegation: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/48624

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