THE LEGAL maxim “justice delayed is justice denied” affirms the right to a speedy trial and other rights. It is a call to expedite the legal processes.
Most people who sustain injury cry for justice, but this is not executed in due time. This is comparable to having no remedy at all.
For over two months, we experienced drastic changes in our lives because of the spread of COVID-19. This situation disrupted our usual and normal daily activities. This has caused paranoia among the public because the number of confirmed cases and deaths are not slowing down.
Everyone is affected. There is a shutdown of our normal way of life. And it is very challenging.
I have been receiving messages from clients and friends about their pending cases in court. They feel they are running out of time and remedy because of the current situation. They feel they are being deprived of their right to a speedy trial. It feels like their right is being violated.
Based on what is going on around us, justice is not being served efficiently. Thus, I have this article to give light to litigants on what is happening in Philippine litigation.
We in the legal profession are heads-on on this. The Supreme Court is taking the lead in safeguarding the continuance of legal and court services.
Everyone is adjusting to this new normal. What is the new normal in Philippine litigation?
On May 15, 2020, Chief Justice Diosdado M. Peralta issued Administrative Circular No. 40-2020 addressed to all litigants, justices, judges, and court personnel of the judiciary, and members of the Bar. This covers those courts in areas placed under General Community Quarantine (GCQ) from May 16 to 31, 2020. This circular is applicable in our place.
In this circular, all courts shall be physically open until the end of May 2020. However, they shall function with a skeleton-staff only by rotation. This will be determined by the presiding judge.
All inquiries on cases and transactions shall initially be done through hotline numbers, e-mails and/or Facebook accounts of courts. This information may be checked through the Supreme Court website. No walk-in requests shall be entertained by any branches or offices of the court.
All branches of the courts shall operate from 9 a.m. to 4 p.m., Monday to Friday. All electronic communications must be transmitted to and received by the courts from 8:30 a.m. to 3:30 p.m. for these transmissions to be acted upon on the same day.
There is a list of Supreme Court circulars announced and published on how the justice system will adjust to this changing time. Let me discuss some of these adjustments and changes applied in all areas, not only in our place.
On May 1, 2020 the New Rules of Civil Procedure took effect. It is very timely because it allows e-mail or other electronic means in filing and service. Thus, courts encourage parties to file and serve pleadings and motions through e-mail.
Furthermore, the Supreme Court has now limited motion hearings to litigious motions. There are also additional prohibited motions which will lessen the number of motions that can be filed.
The Supreme Court has now allowed the conduct of hearings on criminal cases which involve Persons Deprived of Liberty (PDLs). However, hearings should be done through videoconferencing. PDLs may not need to leave detention centers to attend hearings. Even witnesses residing far from the court may be allowed to testify through videoconferencing hearings.
However, there are cases which need to be heard before the court. Thus, the Supreme Court may issue guidelines on who are required to attend hearings. It may require only one lawyer to appear for each client. Also, only one witness must appear in one session unless several witnesses are ordered by the court.
Our current situation may have resulted to a loss of confidence in the judicial system. However, our Supreme Court declared that “the Constitution and our laws are not suspended, and our courts are not shutting down in times of emergencies…we must all do everything we can, including making drastic adjustments in our operations without sacrificing the need to attend to urgent cases that affect life and liberty…”
Justice is not delayed.
The Supreme Court has a strong grip on the rule of law. It guarantees the administration of justice as it continues to protect the life, liberty and property of the people in this extreme and overwhelming situation./PN
