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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWIV. JUDICIAL DEPARTMENTC. Fiscal Autonomy (1987 Constitution, Art. VIII, secs. 3 and 10)

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Question

IV. JUDICIAL DEPARTMENT
C. Fiscal Autonomy (1987 Constitution, Art. VIII, secs. 3 and 10)

Scenario:
The Supreme Court of the Philippines, in exercising its fiscal autonomy pursuant to the 1987 Constitution, adopted a resolution reallocating funds from the Maintenance and Other Operating Expenses (MOOE) of the lower courts to the Judiciary Development Fund (JDF). The resolution aims to enhance the infrastructure and technological capabilities of the judiciary.

Question:
Is the reallocation of funds from the MOOE to the JDF by the Supreme Court constitutional? Discuss the extent of the fiscal autonomy of the judiciary under the 1987 Constitution and any limitations imposed upon it. Cite relevant provisions of the Constitution and any applicable laws or jurisprudence to support your answer.


Answer

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