2016 (Political Law) Bar Exam Questions: Question 20

[Answer/discuss the question below, or see 2016 bar exam Political Law Instructions; 2016 Political Law Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]


Under Sec. 5, Article VIII of the Constitution, the Supreme Court shall have the power to “promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts xx x.” Section 23 ofR.A. No. 9165 or the Comprehensive Dangerous Drugs Act of2002 provides that “any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.” Patricio, a user who was charged with alleged sale of shabu but who wants to enter a plea o f guilt to a charge of possession, questions the constitutionality of Sec. 23 on the ground that Congress encroached on the rule-making power of the Supreme Court under Sec. 5, Article VIII. He argues that plea-bargaining is procedural in nature and is within the exclusive constitutional power of the Court. Is Patricio correct? Explain your answer. (5%)

One comment

  1. Yes, Patricio is correct. By denying persons accused under the present anti-drugs law the opportunity to plea bargain, Congress encroached upon the exclusive power and sole prerogative of the Supreme Court to promulgate rules of procedure as enshrined in the 1987 Constitution therefore making Section 23 of RA 9165 as unconstitutional.

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