Practice question
The Supreme Court adopts a procedural rule and a litigant argues that Article VIII section 5(5) permits the rule to abolish an existing substantive right. Explain the rulemaking power and its relevant limitation.
Legal references
- https://lawphil.net/consti/cons1987.html — Constitution, Article VIII sections 1–2, 4–6, Supreme Court judicial power, protected jurisdiction, original and review powers, en banc authority and rulemaking.
- https://lawphil.net/judjuris/juri2019/mar2019/gr_217158_2019.html — Gios-Samar, Inc. v. DOTC, G.R. No. 217158, March 12, 2019, main decision on hierarchy of courts and direct recourse.
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