CIVIL PROCEDURE LECTURE

July 6, 2018

1. May the Congress divest the Supreme Court its power or jurisdiction to
promulgate rules and regulations?

Answer:

No, the Congress cannot divest the SC the power to promulgate rules and
regulation. The Constitution expressly prohibits Congress from depriving the SC of its
jurisdiction. As stated in Art. VIII, Section 2 of the 1987 Philippine Constitution:

Section 2. The Congress shall have the power to define, prescribe, and apportion
the jurisdiction of the various courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof. x x x

2. May the Congress pass rules on plea-bargaining?

Answer:

No, because plea-bargaining is under remedial law. It is not within the powers of
the Congress to promulgate rules on remedial law.

3. Congress enacted law reducing the budget of the Judiciary. Is the law
constitutional?

Answer:

The law is unconstitutional. Under our Constitution the Judiciary shall enjoy fiscal
autonomy. In fact, as stated in Art. VIII, section 3 of the 1987 Constitution:

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary
may not be reduced by the legislature below the amount appropriated for the previous
year and, after approval, shall be automatically and regularly released.

Note:

 Fiscal autonomy means freedom from outside control.

 A.M. no. 11-7-10-SC - x x x the courts may not be obstructed from their freedom
to use or dispose of their funds for purposes germane to judicial functions. x x x
any form of interference by the Legislative of Executive on the Judiciary’s fiscal
autonomy amounts to an improper check on a co-equal branch of government.
 4. Congress enact law regarding additional family courts. Is the law
constitutional?

Answer:

Yes, the law is constitutional.