Santos, Arnold Jansen V.

Civil Procedure
12-009 II-A Atty. Salvador


The present Rules on Civil Procedure was put into effect in 1997. While it is
relatively new as compared to the other laws of the Philippines, it is about to be revised. In
fact, revisions of the present rules are already being drafted. The move to revise the said
rules is a heed to the call of the changing times. With the large number of cases clogging the
dockets of our courts, it has been imperative for a revision of our rules of procedure both
civil and criminal as well. Because of this motioned change, it becomes relevant to look into
the salient features of the provisions of the 1997 Rules on Civil Procedure of the
Philippines.
One of the greatest and most basic strength of the present rules is that legal world
have already been familiar to such procedure it being there for already more than 15
years. In fact, it is not only the judges and lawyers who are interested parties in this
proposed change. There will be as much impact to police officers, court employees such as
clerks, and of course each and every individual who comes under the Philippine Laws.
Familiarity and in depth knowledge of the rules of procedure are very crucial to effective
and efficient administration of the justice. However, we cannot close our eyes to the
changes in our society and the probable need for our Rules on Procedure to be revised
already.
Yes, it is not apt to impede development but it is as well too risky to fix what is not
broken. Revising the Rules of Civil Procedure would require educating judges, lawyers and
everyone involved in the administration of justice on the new rules in order to effectively
carry out the law. The government is also responsible in at least informing the people of the
revisions and their impact on the people. While these may be changes just on procedural
rules, people and their rights would still be as affected as if it were the substantial laws that
Santos, Arnold Jansen V. Civil Procedure
12-009 II-A Atty. Salvador


were revised. This adjustment factor should be considered as revisions for the Rules of
Civil Procedure are advanced.
Yet again, a feature of the 1997 Rules on Civil Procedure of the Philippines is that it
is relatively new. As such, changes in order to update it with the changing times should not
be that drastic. With this, the benefits that will be brought about by the said revision should
outweigh its costs such as the adjustment factor.
Another feature of the said rules is that it follows an adversarial system of hearing
and deciding cases. The National Conference for the Revision of the Rules of Civil Procedure
described the adversarial system as a system wherein pitted adversaries build and defend
their positions while destroying that of the other party apart. This system has been
entrenched in our social consciousness to be the only fair and just manner to settle cases as
the judge simply sits back to hear both sides from scratch as the parties build and defend
their position and destroy that of the other party. Under this system, it is the parties own
call on how they are going to make their case and which evidence and testimony they are
going to present. On the downside, this system is tedious and very time consuming as
evidence and testimony are presented one at a time.
In order to address the problem on speedy disposition of cases, the Judicial Affidavit
Rule has been proposed. It directs parties to use judicial affidavits of witness instead of
direct testimonies at the witness stand. With this rule, there would still be a cross
examination of witnesses and only the direct examination would be done away with. This
way, the demeanor of witnesses will still get to be observed by the court while being able to
save precious time. Besides, it has been thought that true demeanor does not really come
Santos, Arnold Jansen V. Civil Procedure
12-009 II-A Atty. Salvador


out on direct examinations as they are usually rehearsed before the actual direct
examination.
Another proposition is to accommodate face-to-face trial. Under this system,
witnesses from both sides are simultaneously questioned by the court and by the parties
respective counsels. However it is the court that controls and directs the examination. The
counsels are given the chance to cross examine the witnesses after the face-to-face
questioning by the court is through.
Technological advancements is also another reason why a revision of the rules is in
order. Presently, the current procedure does not allow pleadings and other papers to be
filed electronically. This move will surely help in the efficient administration of justice. At
the same time, service of these pleadings and papers to the other party, if it will be easier,
could also done electronically. It will make speed up the progress of cases.
Another issue that has to be addressed is the promulgation of judgments. For one,
the judge should be allowed to have assistants in penning their decisions. Under set up,
after the judge has decided on how to rule on the case, the assistants will be the ones to pen
the decision subject to the direction and approval of the deciding judge. This will make for a
more efficient administration of justice, as judges will now be able to focus more on the
decision-making itself and not spend much time on writing decisions.
The revisions to be made must be able to facilitate the speedy disposition of cases.
Technological advancements have to be considered as it offers a more efficient avenue for
the administration of justice.
References:
National Conference for the Revision of the Rules of Civil Procedure, Primer on the First Draft of the Revised Rules of Civil Procedure
ABA Legal Assesment Series, Anal ysis of the 1997 civil procedure rules (rules 1-71 of the rules of cour t) for the republic of the philippines