SC eyes continuous trial system to speed up cases

THE SUPREME COURT (SC) is eyeing to implement a “continuous trial system” for commercial courts this year, Chief Justice Ma. Lourdes P.A. Sereno said, in a move to speed up investor-related disputes in the country.

The system, Ms. Sereno said, aims to set a new norm for commercial cases whereby litigation time for commercial cases will be reduced to two years.

“Hopefully, if the lawyers will cooperate with the discipline that the judges are going to impose on the progress of the trial, two to three years completion time will be the new norm for commercial court cases,” Ms. Sereno said in her remarks before participants of the World Economic Forum on East Asia last week.

“There are several other measures, specific to commercial courts, that we are currently studying, and at the appropriate time, we will be announcing,” she added.

Commercial courts are special tribunals appointed by the SC to handle intellectual property disputes and corporate cases formerly handled by the Securities and Exchange Commission (SEC).

Ms. Sereno also cited existing “reform measures” to address judicial delays for investor-related contracts: the use of judicial affidavit and new rules on financial rehabilitation.

Judicial affidavits, set in place in December 2012, replaced the direct examination of witnesses and is currently enforced in civil cases, but suspended in criminal cases upon the request of government prosecutors.

“This means that witnesses, including the investors can just execute affidavits and will then just have to be present when it is time for them to be cross-examined,” Ms. Sereno said.

The rules on financial rehabilitation, on the other hand, “are intended to expedite the decision on whether an enterprise is to be rehabilitated or liquidated, and giving time-bound allowances for the enterprise’s second life,” Ms. Sereno said.

The Chief Justice said other reform measures for commercial courts will be announced later on.

“Sustained reforms on the general aspects of court litigation is expected to lead to an increase in trust in our courts,” Ms. Sereno said.

“If this upward trend continues, we hope to see significant strides in rule of law indicators in country competitiveness studies,” she added. -- Mikhail Franz E. Flores
 
source:  Businessworld