The Inbox

Advice to Filipino lawyers: Practice pre-trial

Photo by loQal.ph
MAKATI CITY, METRO MANILA - Former Supreme Court Justice Josue Bellosillo has one advice for Filipino lawyers: practice effective pre-trial and resolve cases faster.

"The biggest challenge for lawyers today is how to decongest court dockets of thousands of cases and achieve the ideal 150 cases per trial court," said Bellosillo, who now serves as dean of the Centro Escolar University School of Law and Jurisprudence.

Bellosillo was appointed Supreme Court justice by former President Corazon Aquino in 1992 and retired in 2003.

Pre-trial, as defined in the second edition of his recently launched book "Effective Pre-Trial Technique", involves conferences between lawyers  representing parties in a lawsuit and a trial court judge to prepare for the next hearing "by simplifying the issues, submission of cases for arbitration or a potential amicable settlement between the parties."

Simply put, it allows for the parties to set the agenda for the trial.

Since 1964, pre-trial is mandatory in both hearings of civil and criminal cases in the country, under Rule 18 of the 1997 Rules of Court or formerly known as "Rule 2" of the Rules of Court.

"If lawyers or judges do not observe effective pre-trial, they will be administratively liable for not observing mandatory procedures," said Bellosillo, who donated sopies of his book to the Supreme Court.

According to him, there are two areas wherein courts can be decongested: the process which cases are filed, tried and resolved and secondly, how courts are organized and managed.

To prevent docket congestion, he proposes a "gate keeping" system to manage the litigation process and incorporate alternative disputes and encourage privately ordered settlement.

Then the judiciary and litigation could best decide what cases could remain in the traditional system and to save judicial time for more deserving cases.

Retired Supreme Court Justice and author of the book, "Effective Pre-trial Techniques", Josue Bellosillo advises lawyers to practice effective pre-trial process to expedite resolution of filed cases.

As an example, Bellosillo cited a case involving ownership of a fighting cock that went on trial all the way to the Supreme Court.

Often, he noted  trial judges proceed without analyzing the issues concerned, the admitted facts and to settle differences of the parties to avoid trial. If they cannot settle, they can go straight to the stipulation of facts so as there is no need for them to submit evidence.

A case that may have lasted for five to ten years can be disposed in a year or two through the use of pre-trial.

"There is a moral obligation among judges to dispose cases fast enough," said Bellosillo.

***

loQal.ph is a website owned and operated by Filquest Media Concepts, Inc. It works under the principle of giving voice to the voiceless, empowering Filipinos and uplifting the image of the Philippines by highlighting its unique culture. To do this, the loQal.ph team produces stories, video, photos and other multimedia content types to inspire and celebrate Filipino achievements, ideas, products and places.

Loading...

Editor’s note:Yahoo Philippines encourages responsible comments that add dimension to the discussion. No bashing or hate speech, please. You can express your opinion without slamming others or making derogatory remarks.

  • N. Korea fires missiles in anger at South-US military drills
    N. Korea fires missiles in anger at South-US military drills

    North Korea fired two short-range ballistic missiles into the sea and vowed "merciless" retaliation Monday as the US and South Korea kicked off joint military drills denounced by Pyongyang as recklessly confrontational. The annual exercises always trigger a surge in military tensions and warlike rhetoric on the divided peninsula, and analysts saw the North's missile tests as a prelude to a concerted campaign of sabre-rattling. "If there is a particularly sharp escalation, we could see the …

  • Couple married 67 years holds hands in final hours together
    Couple married 67 years holds hands in final hours together

    FRESNO, Calif. (AP) — After spending 67 years together as devoted husband and wife, there was no question how Floyd and Violet Hartwig would end their lives — together. …

  • Hijacked Indonesian vessel found in Davao
    Hijacked Indonesian vessel found in Davao

    An Indonesian cargo vessel that was hijacked a month ago in North Sulawesi, Indonesia has been found stuck in the waters off Mati, Davao Oriental, the Philippine Coast Guard (PCG) reported yesterday. PCG spokesperson Armand Balilo said the PCG- Southeastern Mindanao district was informed on Feb. 23 that the M/T Rehoboth was found aground off Barangay Cabuaya. Four personnel from the local PCG district office were sent to verify the report. The vessel was reportedly hijacked by …

  • 'Jihadi John' relatives under watch in Kuwait
    'Jihadi John' relatives under watch in Kuwait

    Kuwaiti authorities are closely monitoring several relatives of "Jihadi John" who live and work in the Gulf emirate where the Islamic State executioner was born, press reports said on Sunday. A number of relatives of Mohammed Emwazi, named as the militant who has beheaded at least five Western hostages, are working in Kuwait and like him hold British citizenship, Al-Qabas newspaper reported. "Security agencies have taken the necessary measures to monitor them round the clock," the paper said, …

  • Military steps up offensive vs BIFF, Abu Sayyaf
    Military steps up offensive vs BIFF, Abu Sayyaf

    Armed Forces of the Philippines (AFP) chief Gen. Gregorio Pio Catapang Jr. has ordered the sustained campaign against the Abu Sayyaf and the Bangsamoro Islamic Freedom Fighters (BIFF) following the successive offensives against the armed groups last week. A total of 24 Abu Sayyaf bandits and two soldiers were killed in recent clashes in Sulu last week. The Joint Task Group Sulu has received information that Abu Sayyaf leader Radulan Sahiron was wounded during one of the encounters but this is …

  • Militants want US Marines pulled out of Negros
    Militants want US Marines pulled out of Negros

    The militant group Bagong Alyansang Makabayan (Bayan) is calling for the pullout of US Marines who arrived in Sagay City, Negros Occidental last Wednesday to train Special Action Force (SAF) commandos and members of the allied forces. The SAF commandos and the allied forces will secure the Asia-Pacific Economic Cooperation (APEC) ministerial meeting in this city. Bayan-Negros secretary general Christian Tuayon said the US troops might violate the human rights of activists, especially those …

  • Interview: Australia says hunt for missing MH370 jet may be called off soon
    Interview: Australia says hunt for missing MH370 jet may be called off soon

    By Matt Siegel CANBERRA (Reuters) - The search for missing Malaysia Airlines Flight MH370 cannot go on forever, Australia's deputy prime minister said, and discussions are already under way between Australia, China and Malaysia as to whether to call off the hunt within weeks. No trace has been found of the Boeing 777 aircraft, which disappeared a year ago this week carrying 239 passengers and crew, in what has become one of the greatest mysteries in aviation history. The search of a rugged …

  • Binay backs house arrest for JPE, GMA
    Binay backs house arrest for JPE, GMA

    Vice President Jejomar Binay yesterday supported proposals to put Sen. Juan Ponce Enrile and former President now Pampanga Rep. Gloria Macapagal- Arroyo under house arrest. “Government prosecutors are opposing house arrest for… Enrile. Binay issued the statement after the 91-year-old Enrile was rushed to the Makati Medical Center on Thursday due to pneumonia. House arrest for him would be the compassionate thing to do,” he added. …

POLL

Should Aquino be held accountable over the Mamasapano operations?

Loading...
Poll Choice Options