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So, lawyer friends, a question: Why do court cases take so long in this country? What percentage of it is (a) not enough judges; (b) procedural inefficiencies; (c) incompetent lawyers/prosecutors; (d) corruption; (e) something else?

Is there something being done? I remember reading before that the current SC was instituting some measures to hasten stuff, but there anything effective that been implemented?

(I ask purely out of curiosity, arising from another discussion)

Fri, March 31, 2017, 5:36 p.m. / / notes / / Syndicated: facebook / 💬 10

Last modified at: Nov. 1, 2021, 3:17 p.m. Source file

Comments

Weng Santos said...

We actually wrote the chief justice about this. We told her this is her responsibility. But what can she do? The CJ was never a judge, never a litigator. This is what happens when a president appoints allies instead of magistrates to the SC.

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Roy Tang said...

So alin dun sa mga causes I listed above ang most common problem? Lack of manpower talaga?

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Weng Santos said...

Yes. We don't do continuous trial here. It's just not possible. Example: On March 23 I did a hearing at the Sandiganbayan. We had a pending motion that was yet unresolved by the court. So I moved for that day's scheduled arraignment, which hinges on the motion, to be deferred until the motion is resolved. But that division has like 400 active cases. So to give the court time to resolve the motion, the arraignment was reset for a month later, to April 20. 1 month, for the court to determine whether the case should be dismissed or not. That motion though, was filed in February. So actually, 2 months, to resolve that single incident. It might even take longer. I wouldn't be surprised. In another case, trials are set for Thursdays only. But the prosecution has over 100 witnesses. Just to hear them all out would take over 2 years. Then we have to rebut each one with evidence of our own, so another 2 years, if it goes as scheduled. Why? Coz the division is so overflowing with cases, there's not enough personnel to draft everything, and not enough time to hear everybody in one go.

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Jonathan Tan said...

Court cases lang? Pati preliminary investigation matagal. Kulang fiscal. Yung 45 days for resolution nagiging years

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Weng Santos said...

May magagawa pa din si CJ dyan. If an info is filed after prolonged PI, dismiss it for inordinate delay like the SB 1st div does.

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Jonathan Tan said...

Yung mga utang utang ata madami, estafa.

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Mike Santos said...

Roy , all of the above! No percentage since it cannot be attributed to a single factor. Include the inherent delay in due process, propensity of clients to litigate, lack or court personnel, and lack of courts in overly populated areas.

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Weng Santos said...

As I received just today, april 3, a court order dated march 1, granting my motion filed last august 16, 2016, I suddenly remembered this thread haha

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Roy Tang said...

Ang hirap naman nyan. Would it help if I became a judge to reduce the load? Lol

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Weng Santos said...

Because, reg mail or personal service lang sa pinas. But the courts and the small firms dont have the messenger personnel to always do personal service. Yep, snail mail ang kalakaran ng korte.

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