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Non-delegation doctrine

1. (Compania General de Tobacos vs Board) The law must be complete, in all its
_____________, when it leaves the legislature, so that, in form and substance, it is a law in
all its details, in presenti, but which may be left to take effect in futuro.
a. Terms and conditions
b. Articles and provisions
c. Terms and provisions
d. Sentences and paragraphs
2. (US vs Ang Tang Ho) That no part of the legislative power can be delegated by the
legislature to any other department of the government, executive or judicial, is a
fundamental principle in constitutional law, essential to the ______________ of the system of
government established by the constitution.
a. Organization and management
b. Peace and harmony
c. Strength and sustenance
d. Integrity and maintenance
3. (People vs Vera) Test of Undue Delegation: to inquire whether the statute was complete in
all its terms and provisions when it left the hands of the legislature so that nothing was left
to the judgment of any other _______________ of the legislature.
a. Employee or assignee
b. Appointee or delegate
c. Agent or appointee
d. Friend or family
4. (Edu vs Ericta) To avoid the _______ of unlawful delegation, there must be a ________, which
implies at the very least that the legislature itself determines matters of principle and lay
down fundamental policy.
a. Effects ; safeguard
b. Hazards ; guideline
c. Hassle ; guarantee
d. Taint ; standard
5. (Santiago vs COMELEC) The rule is that WHAT HAS BEEN DELEGATED, CANNOT BE
DELEGATED, or as expressed in a Latin maxim:___________________________________________
a. Potesta delegate non delegate potesta
b. Potestas delegari non delegate potest
c. Potestas delegate non delegari potest
d. Patatas degata non degata patatas
6. (Abakada Guro Party List vs Ermita) The following are exceptions to the rule of What has
been delegated, cannot be delegated, except:
a. Delegation to the people at large
b. Delegation of taxing powers to the President.. (correct: tariff powers)
c. Delegation to the local governments
d. Delegation of emergency powers to the President

Limits on Rule-Making Power

1. (People vs Maceren) The rule-making power must be confined to details for


________________ or proceeding to carry into effect the law as it has been enacted.
a. Regulating the manner
b. Regulating the process
c. Regulating the mode
d. Regulating the means
2. (People vs Maceren) The power cannot be extended to __________________ the statutory
requirements or to embrace matters not covered by the statute.
a. Amending or repealing
b. Repealing or expanding
c. Modifying or amending
d. Amending or expanding
3. (CIR vs CA) Administrative rules and regulations must not override, but must remain
_______________ and in ____________ with, the law they seek to apply.
a. steady ; accordance
b. consistent ; harmony
c. uniform; harmony
d. consistent ; accordance
4. (Lokin vs COMELEC) The requisites for IRRs to be valid are the following, except:
a. Its promulgation must be authorized by the legislature
b. It must be within the scope of the authority given by the legislature
c. It must be in accordance with the prescribed procedure
d. It must be necessary..(correct: must be reasonable)

Publication and Affectivity


1. (People vs Que Po Lay) As a rule, circulars and regulations which ______________, should be
published before becoming effective.
a. have retroactive effect
b. amend another circular or regulation
c. repeal existing statutes
d. prescribe penalty for their violation
2. (Tanada vs Tuvera) All statutes shall be published as a condition for their effectivity, which
shall begin _________________, unless a different date of effectivity is fixed by the
legislature.
a. 30 days after the signing by the President
b. 15 days after its ratification
c. 15 days after publication
d. 30 days after posting
3. (Tanada vs Tuvera) The following need not be published, except:
a. Municipal ordinances
b. Charters of cities
c. Interpretative rules
d. Letter of instruction issued by admin superiors to their subordinates
4. (Tanada vs Tuvera) Administrative rules and regulations must be published if their purpose
is to _______________________ existing law pursuant to a valid delegation.
a. Abandon or repeal

b. Expand or amend
c. Enforce or implement
d. Approve or ratify
5. (Phil. Assoc. of Service Exporters vs Torres) Circulars issued by an administrative agency,
through a valid exercise of police power, may be held legally invalid, defective and
unenforceable for lack of proper publication and filing in the _________
a. OG
b. OUR
c. OCS
d. ONAR
6. (Republic vs Express Telecom) True or False: The fact that the rules or regulations were
filed and published by the UP Law Center in the ONAR cures the defect related to its
effectivity considering that publication was not complied with. False, it does not cure
the defect