Senate bill on expanding lower courts’ jurisdiction may face constitutional scrutiny — Tolentino

Administration Senator Francis “Tol” Tolentino has expressed opposition to the proposed legislation seeking to expand the jurisdiction of lower courts in the country.

During Monday’s plenary proceedings, Tolentino along with his party mate, Senator Aquilino “Koko” Pimentel III, opposed the approval on third reading of Senate Bill No. 1886 or “An Act expanding the jurisdiction the metropolitan trial courts, municipal trial courts in cities, municipal trial courts, and municipal circuit trial courts.”

Tolentino stressed that approving SB 1886 violates the 1987 Constitution since the proposed measure will compel Congress to give up and delegate a portion of its legislative powers under Constitution to the judiciary.

Tolentino explained that not a single provision in the 1987 Charter which allows Congress to surrender or to delegate a portion of its powers to the Supreme Court (SC).

Authored by Senate Committee on Justice chair Dick Gordon, SB 1886 aims to unclog court dockets in Regional Trial Courts (RTCs) by expanding the jurisdictional threshold of first-level courts.

A provision in the said measure—an amendment introduced by Senate Minority Floor Leader Franklin Drilon—delegates to the SC the power to further increase or decrease the jurisdictional threshold of first- and second-level courts in line with the high tribunal’s power of administrative supervision over all courts.

According to Tolentino, the contested provision introduced by Drilon violates Article VIII, Section 2 of the Constitution, adding that Congress and the Judiciary should not go beyond the text of the present Charter.

He stressed that what is written in the Constitution should be observed as sacred and as part of the fundamental law of the land. (JCC)

Source: Latest Politics News Today (Politics.com.ph)