2014 Political Law, Q13

Congress may increase the appellate jurisdiction of the Supreme Court: (1%)
(A) anytime it wants
(B) if requested by the Supreme Court
(C) upon recommendation of the President
(D) only with the advice and concurrence of the Supreme Court
(E) whenever it deems it appropriate, advisable or necessary

Quick check

Under Section 30, Article VI of the 1987 Constitution, what condition must be met for Congress to increase the appellate jurisdiction of the Supreme Court?

In Fabian v. Desierto, what statutory provision was declared unconstitutional for expanding the Supreme Court's appellate jurisdiction without its concurrence?

Which court properly receives appeals from administrative disciplinary decisions of the Ombudsman following Fabian v. Desierto?

Under Section 2, Article VIII of the Constitution, what power does Congress possess regarding court jurisdiction?

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What constitutional principle is safeguarded by requiring Supreme Court concurrence before increasing its appellate jurisdiction?

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1. Appellate Jurisdiction Expansion
Under Article VI, Section 30 of the 1987 Philippine Constitution, no law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in the Constitution without its advice and concurrence. While Congress possesses the general legislative power to define, prescribe, and apportion the jurisdiction of lower courts under Article VIII, Section 2, any statutory expansion of the Supreme Court's appellate jurisdiction requires the express approval of the Court. This constitutional limitation protects the Supreme Court from being overburdened with additional appellate duties without its prior consent.

2. Fabian v. Desierto
In the landmark case of Fabian v. Desierto, the Supreme Court declared unconstitutional Section 27 of Republic Act No. 6770 (Ombudsman Act of 1989), which had expanded the Supreme Court's appellate jurisdiction by allowing direct appeals from administrative decisions of the Ombudsman. The Court held that Congress cannot expand the Supreme Court's appellate review power over administrative rulings without the Court's advice and concurrence. Appeals from Ombudsman decisions in administrative disciplinary cases were consequently re-routed to the Court of Appeals under Rule 43.

3. Judicial Independence Protection
The constitutional requirement of advice and concurrence under Section 30, Article VI serves as a vital safeguard for judicial independence and institutional efficiency. By conditioning legislative changes to appellate jurisdiction on Supreme Court concurrence, the Constitution prevents the Legislative Branch from unilaterally altering the workload or constitutional functions of the highest tribunal. This restriction preserves the separation of powers and ensures that the Supreme Court retains full control over its docket and internal administration without legislative overreach.

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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