2013 Political Law, Q4

Congress enacted a law providing for trial by jury for those charged with crimes or offenses punishable by reclusion perpetua or life imprisonment. The law provides for the qualifications of members of the jury, the guidelines for the bar and bench for their selection, the manner a trial by jury shall operate, and the procedures to be followed.
Is the law constitutional? (6%)

Quick check

Under Section 5(5), Article VIII of the 1987 Constitution, which branch holds exclusive power to promulgate rules of procedure?

Under Echegaray v. Secretary of Justice, what happened to the legislative authority to alter procedural rules?

Why is a statute prescribing trial by jury procedures unconstitutional under Philippine law?

Which constitutional principle is violated when Congress enacts procedural rules for criminal trials?

What is required for a change in court trial procedure to be valid under the 1987 Constitution?

Learn more about these topics

1. Exclusive Rule-Making Power
Under Section 5(5), Article VIII of the 1987 Philippine Constitution and Echegaray v. Secretary of Justice, the authority to promulgate rules concerning pleading, practice, and procedure in all courts belongs exclusively to the Supreme Court. The 1987 Constitution explicitly deleted the previous legislative power to repeal, alter, or supplement procedural rules. Consequently, any legislative act that attempts to establish judicial procedures, regulate trial operations, or prescribe evidentiary standards constitutes an unconstitutional usurpation of the judicial branch's exclusive rule-making authority.

2. Unconstitutional Jury Law
Enacting a law that establishes trial by jury fundamentally alters court procedure and trial operations in criminal cases. The selection of jurors, jury qualifications, and jury trial mechanics fall squarely within procedural law. Because the Supreme Court holds sole authority over procedural rules under the 1987 Constitution, Congress cannot statutorily introduce jury trials or prescribe procedural rules governing jury selection and trial operations. Such legislative regulation violates the constitutional allocation of rule-making power to the High Tribunal.

3. Separation of Powers
The doctrine of separation of powers prevents Congress from encroaching upon the exclusive domain of the Judiciary. While legislative power includes enacting substantive laws, procedural regulation is constitutionally assigned to the Supreme Court to safeguard judicial independence. By prescribing procedural guidelines for jury selection, trial operations, and courtroom mechanics, the legislature impermissibly oversteps its constitutional mandate. Protecting exclusive judicial rule-making ensures that procedural justice remains free from political or legislative interference.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026