The Supreme Court (SC) has terminated its regional consultations with justice stakeholders on the proposed amendments to the Rules on Criminal and Civil Procedures which will be fine-tuned to enhance the delivery of fair, transparent, and real-time justice.
All the inputs, comments, and suggestions gathered during the consultations will be considered by the SC in promulgating the revised rules.
In the case of the Rules on Criminal Procedure which was revised more than two decades ago, the SC will attune the rules to changing times, particularly on crimes spawned by technological advancements like cybercrimes.
During the launch of the consultations, Chief Justice Alexander G. Gesmundo said the rules “must evolve to reflect the realities of our time, ensuring that they remain potent tools for the fair, transparent and timely delivery of justice to both the accused individuals and the State.”
On the proposed revisions in the Rules on Civil Procedure, civil cases like those involving money disputes, collection of rentals, compensation claims, and other similar business or personal issues may not be filed automatically before the courts but should first undergo mandatory alternative dispute resolution (ADR).
Also, executive judges may no longer issue 72-hour temporary restraining orders (TROs) on civil cases and all TROs should be for a non-extendible period of 15 days subject to comment from the parties named in the cases.
The last legs of the consultations, separately for criminal and civil procedures, were held recently at the Yuchengco Auditorium of the De La Salle University in Manila.
Like in previous consultations, the SC gathered the inputs, comments, and suggestions from judges, legal practitioners, and members of the academe.
It pointed out that the revision of the rules is part of the Strategic Plan for Judicial Innovation 2022-2027 (SPJI), the judiciary’s blueprint for judicial reform aimed at achieving responsive and real-time justice.
Chief Justice Gesmundo said: “Our task is to update these rules to make them more comprehensive, coherent, and aligned with contemporary needs. We aim to integrate relevant jurisprudential doctrines and procedural rules, such as those governing continuous trial, cybercrime warrants, and body-worn cameras, into a unified framework to reduce confusion and enhance clarity.”
In revising the Rules on Criminal Procedure, Gesmundo said the SC wants “to address issues on several critical points, including the venue for cybercrime-related cases, guidelines on civil liability in cases of acquittal, and applicability of rules on prejudicial questions in administrative actions.”
He pointed out that the proposed revisions are designed to safeguard the rights of the accused in criminal cases, including their right to bail, protection against unreasonable searches and seizures, and other fundamental liberties.
He added that new provisions will clarify the grounds for warrantless arrests and mandate timely custodial hearings to ensure the protection of these rights.
SC Associate Justice Rodil V. Zalameda, chairperson of the SC Sub-Committee on the Revision of the Rules of Criminal Procedure (Sub-Committee), emphasized that the proposed revisions aim to address the twin problems of docket congestion and delays in criminal proceedings.
Zalameda said: “These problems open the floodgates to a myriad of other concerns such as prolonged preventive imprisonment, ineffective prosecution of cases due to wastage of evidence or disappearance of witnesses, and jail overcrowding.”
SC Associate Justice Jhosep Y. Lopez, vice chairperson of the Sub-Committee, said: “Throughout these consultations, we learned a lot of comments and suggestions from the different stakeholders to advance the concerns of the sectors they advocate for.”
Previous consultations were held at De La Salle Lipa, Batangas; Notre Dame of Dadiangas University, General Santos City; Western Mindanao State University, Zamboanga City; Citadines, Bacolod City; and Holy Name University, Tagbilaran City.
On the revision of the Rules on Civil Procedure, Chief Justice Gesmundo said the proposed amendments “aim to minimize physical and social barriers to court access, reduce the costs and delays often associated with judicial processes, and ensure that the courts can promptly respond to the needs of the public in real time.”
Gesmundo outlined the key proposals in the amendments, namely:
“The first is on mandatory dispute resolution. All claims must first be referred to at least two modes of alternative dispute resolution (ADR) before any civil action can be initiated. This aligns with the Court’s commitment to promoting ADR, which is generally more efficient and cost-effective compared to traditional litigation.
“Second, the amendments propose removing certain outdated remedies and concepts, such as the declaration of default and bill of particulars. Additionally, they seek to streamline appellate procedures by eliminating appeals under Rule 42, making the decision of second-level courts in the exercise of their appellate jurisdiction final, unappealable, and executory.
“Third, the proposed changes incorporate and clarify various legal doctrines, such as the rules for applications for indigency, the inclusion of failing to attach a certification against forum shopping as a ground for dismissal, and considerations in determining whether a motion for reconsideration is pro forma (done as a formality).
“Fourth is the institution of stricter timelines. Summary hearings must be completed within two days from commencement. Pre-trial proper must be concluded within 60 calendar days from its first setting, with a possible extension of no more than 30 days at the court’s discretion.
“Fifth, the amendments designate electronic filing and service as the primary mode for all pleadings, except initiatory pleadings, which must be still filed and served personally. This shift towards technology will minimize paper use, making court processes more efficient and environmentally friendly.”
The first four legs of the consultations on amendments to the Rules on Civil Procedure were held in Liceo de Cagayan University, Cagayan de Oro City; Western Mindanao State University, Zamboanga City; Citadines, Bacolod City; Holy Name University, Tagbilaran City.