Tuesday, December 2, 2008

Amending the Rules of Court

Under the present Rules on Civil Procedure, the filing of pleadings, appearances, motions, notices, orders judgments and all other papers in court can only be made in two ways, that is, by personal filing in court as well as by registered mail. Any other mode is unacceptable and non-compliance with the prescribed mode of filing can be fatal to one's cause.

I think it is about time for the court to make some innovations in their Rules. I wonder if they could use the power of e-mail so that filing will be more efficient. Anyway, what's the difference between using a registered mail and an e-mail since there are already available technologies which could ensure that bogus e-mails could be filtered out and at the same time help legitimate pleadings reach the courts faster. The judiciary could make use of centralized servers for all courts in the country and that each court should have an access to their respective "exclusive" inboxes. In this way, the issues that could arise concerning the time of filing could be minimized if not eliminated altogether.

To paraphrase the statement of the Supreme Court in the case of Tijing v. CA, the courts should apply the results of science when competently obtained in aid of situations presented, for it would help the court in the administration of justice and since to reject it is to deny progress.


Raymond R. Roque
06-78143


Blog entry No. 3

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