Rule-making power of the Supreme Court

1. CONCEPT

a. 1987 Constitution

SECTION 5. The Supreme Court shall have the following powers:x x x(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 underprivileged. 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. (Article VIII, 1987 Constitution)

The rule making power of [the Supreme Court] was expanded [in the 1987 Constitution]. This Court for the first time was given the power to promulgate rules concerning the protection and enforcement of constitutional rights. The Court was also granted for the first time the power to disapprove rules of procedure of special courts and quasi-judicial bodies. But most importantly, the 1987 Constitution took away the power of Congress to repeal, alter, or supplement rules concerning pleading, practice and procedure. In fine, the power to promulgate rules of pleading, practice and procedure is no longer shared by this Court with Congress, more so with the Executive. (Baguio Market Vendors Multi-Purpose Cooperative v. Cabato-Cortes, G.R. No. 165922, 26 February 2010)

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