sc.judiciary.gov.ph/pio/news/2012/09/09111201.pdf
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Press Brief
CURRENT JUDICIAL REFORM PROJECTS OF THE SUPEME COURT
The Rule of Procedure for Small Claims Cases
(A.M. No. 08-8-7-SC, October 1, 2008)
Envisioned to approximate “the poor man's court,” all 1st Level Courts in the country (Metropolitan Trial Courts, Metropolitan Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts) totalling 1,164, were mandated to apply this Rule in all claims exclusively for the collection of a sum of money, the principal of which does not exceed P100,000.00.
The objective is to shorten litigation by simplifying the applicable rules to the barest essentials, and bring down cost to a minimum to allow access to judicial relief for low income litigants who are deprived thereof due to prohibitive fees and
complex processes. Among the radical features of this Rule are the “one day, hearing and judgment” provision, which tasks judges to hear and settle and, if unsuccessful, to decide on the merits a small claim in one day, the day of the
hearing itself; the provision that decisions are unappealable and immediately executory; the prohibition against lawyers' participation in-court; and, the setting aside of technical rules of procedure. Filing fees for the maximum claim of
P100,000.00 were reduced to P2,515.00.
In 2011, 19,463 small claims were filed and 15,550 were disposed of, for a clearance rate of 79.90%; while as of July 31, 2012, 8,809 small claims have been filed, 7,848 of which have been disposed of, for a clearance rate of 89.49%.
The Guidelines for Litigation in Quezon City Trial Courts
(A.M. No. 11-6-10-SC, April 16, 2012)
A pilot program on compressing litigation by cutting out certain procedures without sacrificing the parties' constitutional right to due process, the Guidelines for
Litigation in Quezon City Trial Courts is not only timely but appropriate: Quezon City has the largest territory and the largest population in the National Capital Judicial Region (2,761,720 as of April 15, 2012, comprising 24% of the population of the NCJR), resulting in the biggest inflow of cases (for 2011, 9,346 newly filed cases, and from January to June 2012, 4,843 for the Regional Trial Courts; while for the
Metropolitan Trial Courts, 5,737 newly filed cases for 2011, and from January to June 2012, 2,738) and one of the highest dockets (43,397 cases pending as of April 2012 among the 45 Regional Trial Court branches and 13 Metropolitan Trial Courts) in the country. A simple collection of money case lasts an average of three years before judgment is finally rendered.
From a formal consensus of opinions by all stakeholders (the Judges, the Integrated Bar of the Philippines, and the Department of Justice through the Office of the City Prosecutor and the Public Attorneys Office), the Guidelines were drawn up and among its innovations are page limitations for pleadings and memoranda to be filed by the parties; preclusion of postponements save only for acts of God or
fortuitous events; shorter timelines for the arraignment of accused, specially those in detention; prohibitions against dilatory motions and non-compliant motions;
mandatory oral offer of evidence instead of the usual written one; and requiring affidavits in lieu of oral testimony in specified cases.
Now on its fifth month of implementation, the Guidelines have received enthusiastic reviews from litigants and lawyers alike.
The Judicial Affidavit Rule
(A.M. No. 12-8-8-SC, effective January 1, 2013)
The newest rule adopted by the Supreme Court follows through the innovation first implemented under the Guidelines for Litigation in Quezon City Trial Courts, by
requiring judicial affidavits in lieu of oral direct testimony in covered cases starting in January 2013.
Targetted to cut down as much as two-thirds of the time consumed in presenting oral testimony on direct examination, this Rule will also address the perennial cause of case dismissals, i.e., the non-appearance of parties, specially
witnesses in criminal cases, who get tired of returning to court repeatedly due to postponements and “lack of material time.”
The Rule applies to all cases before all courts in the country, except the Supreme Court, including criminal cases where the maximum imposable penalty does not exceed six years; where the accused agrees to the application of the Rule,
regardless of imposable penalty; and, with respect to the civil aspect of a criminal action, regardless also of the imposable penalty. Non-compliance shall result in a waiver of the right to present evidence.
Feedback Mechanism
For feedback on the above, you can send in your comments by clicking the “Comments/Feedback” link in the Features section of the homepage of the Supreme Court website (sc.judiciary.gov.ph).
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