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    Political Law Constitutional Law Judicial Department Supreme Court Procedural Rule-Making

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    Shazna Sendico
    The 1987 Constitution gave the Supreme Court the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts. The rules must provide a simplified and inexpensive procedure for the speedy disposition of cases, be uniform across courts of the same grade, and not modify substantive rights. As the Supreme Court has this constitutional authority over procedural rules, Congress cannot invalidate rules set by the Court, such as those concerning legal fees.

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    Political Law Constitutional Law Judicial Department Supreme Court Procedural Rule-Making

    Uploaded by

    Shazna Sendico
    19 views1 page
    The 1987 Constitution gave the Supreme Court the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts. The rules must provide a simplified and inexpensive procedure for the speedy disposition of cases, be uniform across courts of the same grade, and not modify substantive rights. As the Supreme Court has this constitutional authority over procedural rules, Congress cannot invalidate rules set by the Court, such as those concerning legal fees.

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    The 1987 Constitution gave the Supreme Court the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts. The rules must provide a simplified and inexpensive procedure for the speedy disposition of cases, be uniform across courts of the same grade, and not modify substantive rights. As the Supreme Court has this constitutional authority over procedural rules, Congress cannot invalidate rules set by the Court, such as those concerning legal fees.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    19 views1 page

    Political Law Constitutional Law Judicial Department Supreme Court Procedural Rule-Making

    Uploaded by

    Shazna Sendico
    The 1987 Constitution gave the Supreme Court the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts. The rules must provide a simplified and inexpensive procedure for the speedy disposition of cases, be uniform across courts of the same grade, and not modify substantive rights. As the Supreme Court has this constitutional authority over procedural rules, Congress cannot invalidate rules set by the Court, such as those concerning legal fees.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    Political Law; Constitutional Law; Judicial Department; Supreme Court; Procedural

    Rule-Making

    Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice,
    and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance
    to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy
    disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or
    modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain
    effective unless disapproved by the Supreme Court. [Sec. 5 (5), Art. VIII, 1987 Constitution]

    The 1987 Constitution gave the Supreme Court, for the first time, the power to promulgate rules
    concerning the protection and enforcement of constitutional rights. More importantly, it took away the
    power of the Congress to repeal, alter or supplement rules concerning pleading, practice and procedure.
    Thus, for instance, the payment of legal fees is a vital component of the rules promulgated by the Court
    concerning pleading, practice and procedure, it cannot be validly annulled by Congress. [Baguio Market
    Vendors v. Judge, G.R. No. 165922, February 26, 2010]

    The rules must provide a simplified and inexpensive procedure for the speedy disposition of cases; they
    must be uniform for all courts of the same grade; and must not diminish, increase or modify substantive
    rights. [Primicias v. Ocampo, G.R. No. L-6120, June 30, 1953] Thus, a Supreme Court circular which
    orders that appeals from decision of administrative agencies shall be filed with the Court of Appeals,
    does not diminish, increase or modify the substantive right to appeal. It merely transferred the venue of
    appeal and its period, which are procedural in character. [First Lepanto Ceramics, v. Court of Appeals,
    G.R. No. 110571, March 10, 1994]

    Because of this constitutional grant, it was held that it is within the competence of the Supreme Court, in
    the exercise of its power to promulgate rules governing the enforcement and protection of Constitutional
    rights and rules governing pleading, practice and procedure in all courts, to create a Special Division in
    the Sandiganbayan which will hear and decide the plunder case of former President Estrada. [Re:
    Request for creation of a special division, A.M. No. 02-1-09-SC, January 21, 2002].

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