CONSTI Rule Making Power

Question 1

Section 5. The Supreme Court shall have the following powers:

SUB 5. Promulgate rules concerning the?

Answer 1

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 under-privileged.

Such rules shall provide a simplified 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 unless disapproved by the Supreme Court

Question 2

RULE MAKING POWER - The new Constitution authorizes the SC to promulgate rules on additional subject, to wit:

Answer 2

• Legal assistance to the underprivileged in line with the social justice policy.
• the right of association ( IBP constitutionality) Compulsary membership
• Protection and enforcement of constitutional rights
• Increase its original and concurrent jurisdiction with the RTC and the CA
• The rule in writ amparo
• the rule in habeas data
• Rule and procedure for environmental cases
  To issue Writ of Kalikenforced disappearanceasan

Question 3

What is the meaning and court’s role in a writ of Amparo proceeding is?

Answer 3

The writ of amparo is both preventive and curative. It is preventive when it seeks to stop the impunity in committing offenses that violates a person’s right to live and free. Its curative when it facilitates subsequent punishment of perpetrators through an investigatigation and action. Thus, the writ of amparo either prevents a threat from becoming an actual violation againts a person, or cures the violation of a person’s right through investigation and punishment.

Since there is no determination of administrative, civil or criminal liability in amparo and habeas data proceedings, courts can only go as far **as ascertaining responsibility or accountabilty for the enforced disappearance or extrajudicial killing. **
Is merely to determine whether an enforced disappearance has taken place; to determine who is responsible or accountable; and to define and impose the appropriate remedies to address the disappearance.

Question 4

Writ of Kalikasan prescribes as requisites the following:

Answer 4

1. There is an actual or threatened violation of the constitutional right to a balanced and healthful ecology
2. The actual or threatened violation arises from an unlawful act or omission of a public official or employee or private individual or entity
3. Environmental damage to prejudice inhabitants

Question 5

Meaning of habeas data

Answer 5

Which was conceptualized as a judicial remedy enforcing the right to privacy, most especially the right to informational privacy of individuals.

The writ operates to protect a person’s right to control information regarding himself, particularly in the instances where such information is being collected through unlawful means in order to achieve unlawful ends.

The availment of the writ requires the existence of a nexus between the right to privacy on the one hand, and the right to life, liberty or security on the other

Question 6

An indispensable requirement before the privilege of the writ of habeas data may be extended is?

Answer 6

the showing, at least by substantial evidence, of an actual or threatened violation of the right to privacy in life, liberty or security of the victim

Question 7

What are the limitations on the rule-making power of the SC:

Answer 7

1. The rules must be uniform for all courts of the same level
2. The rules must no diminish,increase or modify substantive rights