01 Rule-making power of the SC Flashcards
1987 CONST. Art. VIII Sec. 5 (5)
Sec. 5. The Supreme Court shall have the following powers: [xxx]
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underpriviliged. Such rules shall provide a simplifed and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective uness disapproved by the Supreme Court.
What is the scope of the rule-making power of the Supreme Court?
The scope of the rule-making power of the Supreme Court is to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integated bar, and legal assistance to the underpriviliged (CONST. Art. VIII, Sec. 5 Par. (5)).
What is the scope of the judicial power of the Supreme Court?
The scope of the judicial power of the Supreme Court includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiciton on the part of any branch or instrumentality of the government (CONST. Art. VIII, Sec. 1).
Does the Supreme COurt have the powr to disapprove the Rules of Procedure of Special Courts and Quasi-Judicial bodies?
Yes. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court (CONST. Art. VIII, Sec. 5(5)).
What are the limitations of the rule-making power of the Supreme Court?
The following are limitations of the rule-making power of the Supreme Court (SUN-DIM)
1. The rules shall provides a Simplified and inexpensive procedure for the speedy disposition of cases;
2. The rules shall be Uniform for all courts of the same grade; and
3. THe rules shall Not (DIM)
a. Diminish;
b. Increase; or
c. Modify substantive rights (CONST. Art. VIII Sec. 5(5)).
What are the instances where th Supreme Court may suspend its own rules?
The following are the instances where the Supreme Court may suspend itso wn rules (EMA-FUR-GAPSID):
1. The Existence of special and ocmpelling circumstances;
2. The Merits of the case;
3. A cause not entirely Attributable to the fault or negligence of the party favored by the suspension of rules;
4. A lack of any showing that the review sought is merely Frivolous and dilatory;
5. The other party will not be Unjustly prejudiced thereby (Sarmiento v. Zaralan GR No. 167471, Feb. 5, 2007);
6. To Relieve a litigant from an injustice not commensurate with his failure to comply with the prescribed procedure;
7. Good faith of the defaulting party by immediately paying within a reasonable time from the time of the default;
8. Fraud, Accident, mistake, or excusable negligence without appellant’s fault;
9. Peculiar legal and equitable circumstances attendant to each case;
10. In the name of Substantial justice and fair play;
11. Importance of the issues involved; and
12. Exercise of sound Discretion by the judge guided by all the attendant circumstances (Labao v. Flores, G.R. No. 187984, Nov. 15, 2010).
Does Congress still have the power to amend the rules promulgated by the Supreme Court concerning pleading, practice, and procedure?
No. The 1987 Constitution took away the power of COngress to alter, or supplement rules concerning pleading, practice, and procedure. [Echegaray v. Secretary of Justice, G.R. No. 132601].
What is the general rule concerning the retroactivity of procedural rules?
GR: Procedural rules are retroactive and applicable to pending and undetermined cases;
XPN: Except to the extent that their application would not be feasible or would work injustice.
Statutes regulating the procedure of the courts are applicable to actions pending and undetermined at the time of their passage. Procedural laws are retroactive in that sense [PCI Leasing v. Go Ko, G.R. NO. 148641]
The 2019 Amendments to the Rules of Civil Procedure shall govrn all cases filed after their effectivity on May 1, 2020, and also all pending proceedings, except ot the extent that in the opinion of the court, their application would not be feasible or would work injustice [Colmenar v. Colmenar, G.R. No. 252467 citing Rule 144 of the 2019 Rules].
What are curative statutes?
Curative statutes:
* enacted to cure defects in a prior law
* to validate legal procedings which would otherwise be void
* to enable persons to carry into effect that which they have designed or intended, but have failed of expected legal consequences by reason of some statutory disability or irregularity in their own action [PCI Leasing v. Go Ko]
May the courts liberally apply rules of procedure?
Yes. Courts may liberally apply rules of procedure, given the following requisites are met:
(1) plausible explanation for non-compliance
(2) outright dismissal would defeat the administration of justice.
[Domingo v. CA, G.R. No. 128576]
Ruling on equity vis-a-vis statue of limitations.
Laches is an equitable doctrine, its applicaiton is controlled by equitable considerations.
Concomitatnly, it is a better rule that courts, under the principle of equity, will not be guided or bound strictly by the statute of limitations or the doctrine of laches when to do so, manifest wrong or injustice would result. [Velez v. Demetrio, G.R. No. 128576]
What is the extent of the Supreme Court’s rule-making power?
The Supreme Court has the power to (SOR) Suspend rules, Overturn precedent, Relax rules. [Autea lecture, Sep 14]
