Practice question
A litigant argues that because the Supreme Court controls judicial procedure, it may by rule redefine the elements of theft and increase the punishment without legislation. Which is best?
- Procedural power includes unlimited creation of crimes
- The Constitution’s substantive-rights limitation disappears in criminal cases
- Rulemaking over procedure does not authorize rewriting substantive penal liability or punishment
- Every criminal penalty is merely a filing detail
- A litigant may select the new punishment
Legal references
- Constitution ArticleVIII Section5(5); Estipona, G.R.226679: https://lawphil.net/consti/cons1987.html
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