Andromeda’s Vortex

Justice with wings

By Farah G. Decano  

 

ARE we finally seeing a ray of sunshine that breaks the sluggish darkness of medieval justice on chariots?

With the effectivity of the 2019 Amendments to the 1997 Rules of Procedure (A.M. No. 19-10-20-SC) and the 2019 Amendments to the Revised Rules on Evidence (A.M. No. 19-08-15-SC) on May 1, 2020, one member of the Court of Appeals and a professor of law is convinced that the trial of cases will be at swifter pace.

Alluding to one of the Supreme Court of the Philippines’ programs on expediting case adjudications, Court of Appeals Associate Justice Maria Filomena D. Singh, in one of her webinars on the Amended Rules, stated that justice will no longer be on wheels but on “wings.”  In other words, it will take flight.

Among the highlights of the 2019 Amendments are the following:  1) recognition of technological advancements and availability of options to utilize  electric mode on notices and trials; 2) mandatory attachment of supporting evidence in initiatory pleadings; 3) dispensing with hearings on litigious  motions, unless clarifications are necessary; 4) automatic five-day period from receipt of motion for opposing party to comment on without need for court order; 5) permission granted to courts to resolve, motu propio,  affirmative defenses in some cases;  6) prohibition to elevate to the appellate court interlocutory orders; and 7) termination of the case within one year from the filing of the complaint.

“Justice delayed is justice denied” is a popular maxim that the Supreme Court takes to  heart seriously. It provided several procedural remedies to speed up the disposition of cases such as the Judicial Affidavit Rule, the Rule on Continuous Trial of Criminal Cases, and the Small Claims Procedure. To facilitate settlement of legal disputes and avoid protracted litigation, parties may undergo Court-Annexed Mediation and Judicial Dispute Resolution before they go to full-blown trial.  Yet, these efforts seem not enough. We still hear of clogged dockets and cases pending in the same court for more than five years.  Now, we have these Amended Rules. Again.

Without doubt, these new rules were brilliantly crafted. It eliminated so many possible unnecessary procedural delays. With the advent of videoconferencing hearing through Microsoft Teams, the Supreme Court provided another innovative platform for dispensation of justice.

With the proper implementation of these Amended Rules, could justice really take flight especially in these times of COVID-19?  Are these procedural remedies sufficient to expedite cases?

One must realize that flight requires at least a pair of wings.  Revision of procedure is just one half of the pair. There are other sources of delay that are not necessary caused by mere procedures.  That would probably be a topic for the next issue.

Note: Thank you, Tito Ermin, for giving me space in this prestigious Sunday Punch. It is truly an honor to be part of its roster of mighty writers.   My father, Atty. Hermogenes S. Decano, Sr., persistently urged me to write for Sunday Punch. Like any kid then, I did not know what I was taking for granted until he left us.  I am glad this opportunity did not pass me by.

I am calling my byline Andromeda’s Vortex for five reasons: 1) I like astronomy; 2) I do not wish to be limited by legal matters in my future articles; 3) It is about taking space that are beyond our comfort zone. Andromeda is not part of our galaxy; 4) It is an area of unexplored concentrated energies; and 5) I simply find it cool.

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