Philippine Bar review · Question

Practice question: Power to Promulgate Rules

Multiple Choice Medium

Practice question

A purported court rule creates a new substantive right to recover damages where no such right otherwise exists. Its defender argues that every rule is valid because the Supreme Court controls procedure. Assume the change is substantive rather than remedial. Which is best?
  1. The rule is valid because its title says procedure
  2. All damages rights are merely administrative forms
  3. Every rule may amend substantive law
  4. The assumed substantive creation conflicts with the express limitation on rule-making
  5. The parties' silence removes the constitutional limitation

Legal references

  • 1987 Constitution, Article VIII, Section 5(5): https://lawphil.net/consti/cons1987.html

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