SC Holds Regional Dialogues and National Conference For The Revision of the Rules on Civil Procedure


Posted on August 1, 2013

In November 2012, the Supreme Court formed the Core Committee for the National Conference for the Revision of the Rules of Civil Procedure through A.M. No. 12-11-7-SC Re: Proposed National Conference for the Revision of the Rules of Civil Procedure, with the following members:

Chairperson:

Justice Roberto A. Abad (Supreme Court)

Co-Chairpersons:

Dean Danilo L. Concepcion (University of the Philippines College of Law)
Atty. Roan I. Libarios (National President, IBP)

Content  Committee Members:

 

Dean Eduardo D. De los Angeles (Partner, Romulo Mabanta Buenaventura Sayoc and De los Angeles)
Dean Jose Manuel L. Diokno (De La Salle University College of Law)
Justice Alexander G. Gesmundo (Sandiganbayan)
Justice Amy C. Lazaro-Javier (Court of Appeals)
Atty. Victor P. Lazatin (Partner, ACCRALAW)
 Atty. Simeon V. Marcelo (Partner, CVCLAW)

Conference Procedure Committee Members:

 

Dean Sedfrey M. Candelaria (Ateneo de Manila University-School of Law)
Prof. Victoria A. Avena (University of the Philippines College of Law)
Judge Thelma A. Ponferrada  (Chief of Office for Administration, PHILJA)
Atty. Edna E. Diño  (Chief Attorney of the Supreme Court)
Atty. Blesilda B. Abad-Gamo  (Professor, Ateneo de Manila University-School of Law)

CJ Serreno

The ultimate objective of the Core Committee was to draft a revised Rules of Civil Procedure that would give true justice to all civil actions before the courts and ensure the following:

  • 1. The parties are placed on equal footing.
  • 2. The cost of litigation is reduced.
  • 3. The courts’ time and resources are distributed wisely among cases in proportion to the amounts involved; the complexity of the issues raised; and the public interests in their resolution.
  • 4. All cases are speedily heard and decided.
  • 5. The impartiality of the courts is enhanced and safeguarded.

The Committee focused on identifying portions in the current rules which cause delay in the resolution of cases. Beginning in January 2013, it called upon 30 remedial law experts from the academe, the judiciary, government lawyers, and private law practitioners who were grouped into five topical working groups (TWGs) and tasked to study the 1997 Rules of Civil Procedure and proposals from the legal community. The topics for the TWGs’ consideration were on general considerations and pre-filing; filing, pre-trial to trial; special remedies during trial; judgment, execution and appeals; and special civil actions.

Regional Stakeholder’s Dialogue on the Revision of the Rules of Civil Procedure

Three consequent regional stakeholder’s dialogues on the Revision of the Rules of Civil Procedure, conducted in Cebu City (May 28), Davao City (May 31), and Makati City (June 3), served as venues for consultation with and gathering comments of justices, judges, academicians and other stakeholders on the proposed revisions on the Rules. Some of the significant changes brought about by the dialogues were on mandatory ADR; problems with the adversarial system; judicial affidavit in place of direct testimonies; face-to-face trial; efficient use of court time; enforcement of foreign judgments; modes of discovery; and one step appeals process.

The following table summarizes the details of the three stakeholders’ dialogues:

  Date Venue Number of Participants
Regional Stakeholders’ Dialogue on the Revision of the Rules of Civil Procedure in Visayas

May 28, 2013

Cebu City

182

Regional Stakeholders’ Dialogue on the Revision of the Rules of Civil Procedure in Mindanao

May 31, 2013

Davao City

132

Regional Stakeholders’ Dialogue on the Revision of the Rules of Civil Procedure in Luzon

June 3, 2013

Makati City

251

Presentation of the First Draft of the Proposed Revisions on the Rules of Civil Procedure

After the series of regional dialogues, a Presentation of the First Draft of the Proposed Revisions on the Rules of Civil Procedure to 69 SC, CA, CTA and SB justices and court attorneys was conducted on June 16, 2013, to further enhance the proposed revisions. Each TWG again presented the highlights of the proposed revisions.

The consolidated comments drawn from the series of dialogues and the first presentation of the draft Rules were then evaluated and integrated into the second draft of the proposed revisions which was presented at the National Conference for the Revision of the Rules of Civil Procedure .

National Conference for the Revision of the Rules of Civil Procedure

On June 27-30, 2013, the National Conference for the Revision of the Rules of Civil Procedure, held at the PTC, became the forum for consultation with stakeholders regarding the second draft of the proposed revisions. One hundred sixty-one SC, CA, CTA justices; judges; court attorneys; academicians; selected government lawyers; private lawyers and other stakeholders participated in the ensuing presentations, breakout sessions, debates, and voting on issues. Following the ceremonial signing by the TWG heads of the voting results, these were formally handed over to Justice Abad.

The comments, recommendations, and issues gathered from the participants were documented for incorporation in the draft Proposed Revisions of the Rules of Civil Procedure to be presented to the Court En Banc for its consideration.

PHILJA-Information Systems Division, Administrative Office and Research, Publication and Linkages Office ©LAR2014

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