2014 Political Law, Q27

Congress enacted a law exempting certain government institutions providing social services from the payment of court fees. Atty. Kristopher Timoteo challenged the constitutionality of the said law on the ground that only the Supreme Court has the power to fix and exempt said entities from the payment of court fees.
Congress, on the other hand, argues that the law is constitutional as it has the power to enact said law for it was through legislative fiat that the Judiciary Development Fund (JDF) and the Special Allowance for Judges and Justices (SAJJ), the funding of which are sourced from the fees collected by the courts, were created. Thus, Congress further argues that if it can enact a law utilizing court fees to fund the JDF and SAJJ, a fortiori it can enact a law exempting the payment of court fees.
Discuss the constitutionality of the said law, taking into account the arguments of both parties? (4%)

Quick check

Under Section 5(5), Article VIII of the 1987 Constitution, which body possesses exclusive power to promulgate rules on legal fees?

Under In re Exemption of GSIS from Payment of Legal Fees, why is a legislative statutory exemption from court fees unconstitutional?

How did the 1987 Constitution alter legislative authority over Supreme Court procedural rules compared to earlier constitutions?

Does the legislative creation of the Judiciary Development Fund allow Congress to exempt entities from paying court fees?

Choices available with full access.

What constitutional principle is violated when Congress enacts a statute exempting government agencies from paying legal fees?

Choices available with full access.

Unlock the full Political Law answers

Learn more about these topics

1. Exclusive Rule-Making Power
Under Section 5(5), Article VIII of the 1987 Philippine Constitution and In re Exemption of GSIS from Payment of Legal Fees, the authority to promulgate rules concerning pleading, practice, and procedure in all courts belongs exclusively to the Supreme Court. The 1987 Constitution intentionally deleted the previous legislative power to repeal, alter, or supplement procedural rules. Consequently, legal fees prescribed under Rule 141 of the Rules of Court fall within this exclusive constitutional prerogative, and Congress cannot enact legislation attempting to alter, exempt, or diminish the judicial legal fees established by the High Tribunal.

2. Judicial Fiscal Autonomy
Article VIII, Section 3 of the Constitution guarantees fiscal autonomy to the Judiciary. The Supreme Court holds complete independence and discretion in managing its finances, including the collection and allocation of court legal fees. While Congress may create special accounts or funds like the Judiciary Development Fund through statutory enactments, legislative creation of revenue mechanisms does not grant Congress the power to exempt entities from paying court fees. Unilateral statutory fee exemptions unconstitutionally impair judicial fiscal autonomy by undermining the financial independence guaranteed to the Judiciary.

3. Separation of Powers
The principle of separation of powers prevents one branch of government from encroaching upon the constitutional prerogatives of another. Congress possesses broad legislative power, but it cannot exercise authority specifically reserved by the Constitution to the Supreme Court. Court fees are integral to judicial operations and procedural administration. Allowing Congress to exempt government institutions from paying legal fees under the guise of welfare or social service legislation would allow the Legislative branch to control judicial procedure, violating the separation of powers and invalidating the statutory exemption.

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