Monday, February 10, 2014

Live questions about Bangsamoro | Inquirer Opinion

See - Live questions about Bangsamoro | Inquirer Opinion





"x x x.



Another question I have heard raised is whether the autonomous region can have an autonomous judicial system with its own Supreme Court. My thinking on this is based on my understanding of the scope of the power of the Supreme Court in the 1987 Constitution.

Article VIII vests judicial power “in one Supreme Court and in such lower courts as may be established by law.” But further it says that “The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.” The highest court in the autonomous region therefore can be given its own exclusive powers but it cannot be independent of the national Supreme Court in matters covered by Section 5. Section 5 gives to the Supreme Court powers over a long list of powers which it cannot be deprived of.

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