Lawyers, judges mixed on new court rules
CEBU-BASED trial lawyers, judges and lawmakers were mixed yesterday in their reception of the proposed changes in the conduct of court trials made by the Supreme Court.
The changes will be implemented in Cebu, reportedly one of the pilot areas for the new court rules.
Lawyer Gloria Lastimosa-Dalawampu said justice should not be compromised to expedite the resolution of cases.
“A short trial period is most welcome as long as it won’t prejudice the right of the parties to fully present their respective evidence, and that their constitutional and statutory rights are not sacrificed,” Dalawampu said.
She said it’s not about the time spent but the quality of the trial that should be prioritized.
Dalawampu said expediting the dispensation of justice shouldn’t be prioritized over a fair, objective and full trial especially in heinous crimes.
“The right to confront witnesses should not be curtailed. What will become of a speedy trial when justice and rights are sacrificed?,” she said.
Lawyer Orlando Salatandre, counsel of cult leader Ruben Ecleo Jr., said there should be a consultation between the Supreme Court (SC), lawyers, and judges.
The parricide case against Ecleo had been in the courts for over a decade now.
Regional Trial Court (RTC) Judge Soliver Peras of Branch 10 is set to announce the verdict on the parricide case against Ecleo on Feb. 10. Peras is the seventh judge to handle the case.
Ecleo is accused of masterminding the murder of his wife Alona in 2002.
Salatandre said the inhibition of judges, exhumation of the victim’s body and the filing of pleadings by counsel contributed to the long-running case.
“Delays are acceptable as long as there are valid reasons. Attorney’s fees has nothing to do here,” he said.
Salantandre said it would be better if the High Court sticks to the current court rules during trials.
“Let’s stick to what we have now. Implement the rules promptly, strictly. Each participants in a case must do their job accordingly,” he said.
Regional Trial Court (RTC) Judge Meinrado Paredes said the new rules should be tested to find out whether or not it would be effective.
“If there are problems, let’s fix them,” said Paredes.
Paredes, also a law professor, admitted it would be hard to implement the new rules especially in courts that have several pending cases.
He said the new rules can be applicable to courts that handle drug cases.
Paredes said lawyers also oppose the free-flowing testimonies of witnesses because it will prevent them from issuing objections.
Lawyer Ian Manticajon, a law professor, said the new court rules are a welcome development.
“We have to be open to developing simpler procedures in litigation. You would be surprised that our current rules of procedure in court are more complicated and cumbersome than in advanced countries,” he said.
The High Court released its New Rules of Procedure for Civil and Criminal Cases that aims to speed up cases and decongest court dockets.
The proposed changes would allow witnesses to local languages and dialects.
It would also allow them to deliver free-flowing testimonies with no interruptions from lawyers and require electronic recording in proceedings.
Judges are also required to deliver the verdict right after the trial.
Cebu Vice Gov. Agnes Magpale said she supports the new court rules since it will reduce lengthy trials to as short as two days, instead of three to five years or longer.
She cited the cases being handled by the Provincial Women’s Commission (PWC) saying the rules will make it easier to contact US agents for testimonies.
Rep. Tomas Osmena of Cebu City’s south district also expressed approval of the amended court rules, saying it will benefit the accused who are innocent of the charges against them.
“That’s (a) very good (policy)… We should give a chance to the innocent to prove their innocence the soonest possible time,” he said.
Osmeña said speedy trials will also allow immediate conviction of guilty respondents. With Chief of Reporters Doris C. Bongcac and Correspondent Carmel Loise Matus
