Philippine Bar review · Question

Practice question: Rulemaking Power of the Supreme Court

Multiple Choice Hard

Practice question

A quasi-judicial body invokes a procedurally valid rule which the Supreme Court has expressly disapproved under Article VIII Section5(5). No independent replacement authorizes the disputed procedure. The body argues that the constitutional preservation sentence protects it even after disapproval. What is correct?
  1. The preservation is expressly conditional and does not protect the disapproved rule
  2. Disapproval has no constitutional consequence
  3. The rule gains superior rank after disapproval
  4. Every agency rule is immune from judicial disapproval
  5. Only litigants may disapprove the rule

Legal references

  • 1987 Constitution, Article VIII Sections4 and5(5): https://lawphil.net/consti/cons1987.html

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