Practice question
An agency's governing statute expressly excludes licensing private tutorial centers. The President invokes only Section 20 of EO 292 to order the agency to license them, without any enabling law changing its functions. Under Review Center Association, is the order justified?
- Yes, because residual powers always override an agency charter.
- Yes, if the agency approves the expansion.
- Yes, if the order is called an executive issuance.
- No, because Section 20 alone does not authorize amendment of statutory functions.
- No, because the President can never implement any statute.
Legal references
- Review Center Association of the Philippines v. Ermita, G.R. No. 180046, April 2, 2009, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/49250
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