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Estipona V Lobrigo
Estipona V Lobrigo
Lobrigo
G.R. No. 226679, August 15, 2017
FACTS:
The prosecution opposed the motions on the ground that plea bargaining
is not allowed under Section 23 of RA 9165.
HELD: No. Pursuant to Section 5 (5) of Article VIII of the 1987 Constitution,
the power to promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and procedure in
all courts belongs exclusively to the Supreme Court. Congress has no
authority to repeal, alter, or supplement rules concerning pleading,
practice, and procedure. Hence, Section 23 of RA 9165, an act of Congress,
is unconstitutional.
SIDE ISSUE: The Solicitor-General contended that the action was improper
on the grounds that: (1) the Congress should have been impleaded as an
indispensable party; (2) the constitutionality of Section 23 of R.A. No. 9165
cannot be attacked collaterally; and (3) the proper recourse should have
been a petition for declaratory relief before the Supreme Court or a
petition for certiorari before the RTC. Is the Solicitor-General correct?