Expanded rule-making power of the SC

See - Between independence and subservience





"x x x.

Still another area where the Court has expanded its powers is its assertion of its rule-making powers. This Court for the first time was given the power to promulgate rules concerning the protection and enforcement of constitutional rights. Given the extensiveness of the 1987 Constitution’s provisions on social and political rights, the scope for extending the Court’s power is almost limitless. This power was most extensively used during the Puno court.

“Chief Justice Puno primarily deployed the rulemaking power to create the writ of amparo, principally to address extrajudicial killings as documented in the landmark decision Secretary of National Defense v. Manalo. The Puno Court also issued rules regarding the writs of habeas data and kalikasan, to protect the rights to informational privacy and to a healthful environment,” Tan said in his article. Even as it has established precedents, this power has not been asserted much since the retirement of Chief Justice Puno.

x x x."