Philippine Bar review · Question

Practice question: Power to Promulgate Rules

Multiple Choice Hard Jurisprudence

Practice question

Congress enacts a provision expressly designed to override an existing Supreme Court rule on a matter conceded to be purely pleading and procedure, without changing any substantive right. Its sponsors claim that Congress retains the same concurrent power to repeal judicial rules that appeared in earlier Constitutions. Under Estipona, which is best?
  1. The 1987 allocation does not preserve that claimed concurrent legislative rule-making power
  2. Earlier constitutional text controls regardless of the current text
  3. Any legislative label conclusively makes the change substantive
  4. Every procedural rule must receive subsequent congressional approval
  5. The Court may never examine legislation concerning procedure

Legal references

  • 1987 Constitution, Article VIII, Section 5(5): https://lawphil.net/consti/cons1987.html
  • Estipona v. Lobrigo, G.R. No. 226679, August 15, 2017, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63345

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