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THE JUDICIARY RULE-MAKING POWER

The Supreme Court’s rule making power is not shared with Congress or the
Executive: The 1987 Constitution took away the power of Congress to repeal, alter, or
supplement rules concerning pleading, practice and procedure. The power to promulgate rules
of pleading, practice and procedure is no longer shared by the Supreme Court with Congress,
more so with the Executive. (Baguio Market Vendors Multi-Purpose Cooperative v. Cabato-
Cortes, G.R. No. 165922, February 26, 2010)

Congress cannot grant exemptions from payment of legal fees: First, payment of legal
fees is part of the rule-making power of the Supreme Court, which is no longer shared with
Congress. Second, any grant by Congress of exemptions from payment of legal fees will impair
the Judiciary’s fiscal autonomy and erode its independence. (Re: in the Matter of Clarification
of Exemption from Payment of all Court and Sheriff's Fees of Cooperative etc., A.M. No. 12-2-
03-0, March 13, 2012)

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