The Supreme Court (SC) finally amended in a more simplified version the 1997 Rules of Civil Procedure and Revised Rules on Evidence with the objective of unclogging court dockets and speeding up the process for civil cases.
The amended 1997 Rules of Civil Procedure requires that pieces of evidence such as judicial affidavits and other supporting documents must be attached once a complaint is filed. The previous version requires the presentation of evidence once the trial starts.
The amended version also provides that the issuance of summons to the defendant and to other parties shall be five days from the receipt of the complaint. The latter are given 30 days to answer with accompanying evidence.
Through the updated rules, the court will immediately identify if there is sufficient basis behind a complaint and if the defendant has credible defense.
If there is probable cause, the old rules used to require a Preliminary Conference before the Branch Clerk of Court. This procedure has now been eliminated and parties will proceed to pretrial where the judge may decide without any hearing if he determines that the arguments of all parties are clearly presented.
In case opposing parties do not agree in the Court-Annexed Mediation, the case will proceed to trial where the initial presentation of plaintiff’s evidence will take place within 30 days following the pretrial.
The court shall decide within 90 days after the trial. New rules necessitate the strict implementation of such process.
Chief Justice Diosdado Peralta assured the complaints will still undergo a fair trial amid the recent updates in the rules.
“Alisin natin yung mga (We will remove the) cause of delay, without sacrificing a fair and just and a responsive decision. Ibig sabihin responsive lahat. Ibig sabihin kahit mabilis, fair and just pa rin, (This means, all will be responsive. This means despite [the process being] faster, it will remain fair and just), not only for the plaintiff, but also for the defendant,” Peralta emphasized.
“Generally, equipped na ang ating mga court with all the equipment, kaya lang mayroon kasi iyong mga isolated areas na ia-address pa natin iyong problema doon. Alam mo naman iyong internet connection natin hindi sing advance like other countries (Our courts are generally equipped with all the equipment but there are isolated areas that need to be addressed. Our internet connection is not as advanced as other countries),” Peralta added.
– Report from Kenneth Paciente
