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Philippine Bar review · Question

Practice question: Power to Promulgate Rules

Multiple Choice Medium Jurisprudence

Practice question

A Supreme Court rule prescribes one procedure for all courts of one grade and a different procedure for all courts of a different grade. A challenger relies solely on the requirement of uniformity. Which is best?
  1. Every court of every grade must have identical procedure in all respects.
  2. The text requires uniformity for courts of the same grade, so the mere difference between grades does not establish that defect.
  3. Uniformity applies only to judges with the same surname.
  4. Appellate courts can never have distinct procedures.
  5. The Constitution forbids all procedural classifications.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VIII, Section 5(5).

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