LAWYERS took the Mandatory Continuing Legal Education (MCLE) prescribed by the Supreme Court last November 19 at Diversion 21. The four-day lecture by distinguished Justices, Judges and luminaries in various fields of legal practice heralded the new concept of electronic technology…which hopefully, will be acceptable to all but definitely frustrating to some…which includes me.
The basic principles in law remain constant with some procedural changes towards the goal of On-line Filing of Pleadings and Video Chats in Civil Cases starting December 1. The salient features are, among others: Notice of Appearance stating your Email Address and Cell Phone numbers posted to the Email address of the Court, without which, your hard copy of the Complaint or any other pleadings filed in court is not recognized and no action will be taken by the court; and Video Chats…. that is counsel and witnesses can argue and testify thru their Cell Phones; Tablets or Computers; sans physical appearance in court; wherever it is based. So, you terminate your case, without actually and physically seeing the Judge; stenographer and other court personnel….neither the opposing counsel; adverse party and his witnesses. This is trial by Cell Phone No. 0915-4243-348.
The Lecturers raised some valid concerns regarding the process of ascertaining truth in a judicial proceedings; the constitutional proviso of the right to meet and confront the accuser and witnesses against you .…and denial of the judge’s prerogative to assess and examine….thru the witness demeanor, facial expression and body language… the probability of guilt; the propensity of stating the truth. The judge, thru personal confrontation of the witness, would be in the best position to determine the truth or falsity of testimony. All of these safeguards would not be forthcoming in the case of a Video Chat. The witness, facing the Cell Phone, waist high…maybe dressed in a barong…but underneath…he is in shorts, scratching his balls.
Or the witness is looking at prepared written memoranda far beyond the limited vista of the Cell Phone. He will be testifying far better than a coached witness. The Video Chat maybe abused with impunity. And what could be done in case of brown outs…bad weather…difficulty in locale communication and a myriad of causes for bad transmission. How’s that for Video Chat?
The ideal of the Supreme Court is to keep up with modern times; ease the clog up of court dockets…without drastic effects to the mores of justice and equity.
But this being a novel judicial concept on the heels of electronic technology, there will be initial missteps. Which it is hoped, would not so drastically derail the administration of justice and the law. We pray./PN
