Beruflich Dokumente
Kultur Dokumente
on the
Submitted to the
Supreme Court
by the
1990
Continuous trial was envisioned as a "mode of judicial fact-
described as follows:
that 'lin no case shall the entire trial period esceed three
CGurt.
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C" Administrative Circular No. 35, July 27, 1989
DeFignating 23 Manila RTC Judges in addition to 5 previcrusly
designated a5 Special Criminal Courts to implement mandatary
continuous trial.
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6. Administrative Circular No. 135-C, August 11, 1989
Designating additional 1,377 branches of multisala RTC z
MetTC, MTC to implement the mandatory continuous trial
calendar effective September 1, 1989.
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,
follows:
1. Cn litigation time, the trial period was found to be is
considerably shorter in courts using the continuous trial
system. The average length of trial period was computed at
18.1 days per case as against 341.8 days in the piecemeal
trial'. of civil and criminal case (Final Report, 1989:&I) j
and
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%.!
5L. TO develop quantitative standards in meas,uring
performance in terms of litigation period and Gutf low;
and
prevent them from following the 90-day trial limit simply because
During the data gathering phase, however, the number was reduced
to 37 t SEE Table 1). Two sample courts were gutted by fire
including its records so they were removed from the sample. The
37 sample RTCs are about 21.5% of the total 172 RTCs in thE
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National Capital Judicial Region. There are 14 high caseload
With respect to the sample cases, these were all drawn from
the files of the 37 sample courts, and covered those cases filed
the cases are not yet concluded as of the time of data gathering.
The rationale behind choosing only those cases filed during this
period is to closely monitor the flow of cases from the day they
type of case within the major groups of criminal and civil cases.
permit a detailed analysis since many of them have not yet been
statements are made with regard to the each type of case as the
data allows. See Tables 1 for list of sample RTCs, and Tables 2
2. Prdvisional Remedies
Preliminary Injunction .................. 36
Delivery of Personal Property ............ 43
Other Provisional Remedies ........... : .. 32
sample RTCs in NCR actttally totally adapted it; 29 HTCs Gpted for
partial adGptiGn; and 7 did nut adGpt CTS.
The 2,887
. sample gathered cases from the 38 sample courts
represent abaut 49.&% of the total number Of cases filed in the
sample courts for the periGd July tcs December 1990. Df the 2,887
sample cases, 1,780 are criminal cases and 1,107 are civil cases.
cases rn
often cited for the early resolution of the cases before pre-
lasted 69.2 days per case. Dn the other hand, some 114 criminal
ca5es or 7.2% had a trial period longer than the mandatory sc-
.
Table 7. Status of Sample Civil Cases
----________________________l________l__-------------------------
status Frequency % Distr.
-------_________-___---------------------------------------------
Number of Disposed Civil Cases 862 77.9%
Decided on the tieritz
With Trial
Without Trial
AmicablE Settlement
Dismissed
Archived
Transferred
Petition/Appeal Affirmed/Htiversed
.
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The average trial period of civil cases was computed at 61.3 days
the rise in the volume of cases disposed before they reached the
criminal cases and ‘2% civil cases. These have the direct effect
trial stage.
Table of 9.
Fre-Trial Length Period of driminal and Civil Cases,
to December July lt990
--------____________---------------------------------------------
Length of Trial Days CR cv Total
-----------______-_----------------------------------------------
1 308 209 517
2- 10 14 7 21
11 - 20 & 9 15
21 - 30 14 7 21
31 - 60 14 20 34
bl- 90 11 12 23
91 - 182 1& 19 35
-183 - 365 d 12 18 ,
> 3&5 0 1 1
-------------_____________________c_____-------------------------
.a ,.:‘,>\
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s.
1GW CdsElGdd HTCS. In high caseload RTCs', the average was only
With respect to the trial of civil cases, the high case1 odd
case5 is not very great, i.e, 411.3 days in low caseload RTCs ,
Filing to Arraignment/
Joinder of Issues 386 58.1 123 9 ;7 I rI:
firraignment/Joinder to
Pre-Trial
Pre-Trial to Trial -- -- 36 77
bi .2
Arraignme&t/Joinder to
Pre-Trial 73 37.1 26 109.7
*
Pre-Trial 77 12.1 72 24.2
.i ...
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Table 12. Litigation Period in High Caseload hurts
--------______-__------------------------------------------------
Litigaticin Stage Criminal No. of Civil No. of
CdSES Days Cases Days
----------__________---------------------------------------------
Fi 1 ing to Gri-aignment/
Joinder of Issues 274 67.5 141 97.3
Grraignment~JoindEr to
F’rlF-Tri,dl 3i 78.0 67 131.4
Fre-Trial
were documented in the two previous studies done by the IJA which
this study that the average length of the trial period, although
still falling within the 90-day mandatory limit, was longer ,than
the averages'in the 1989 and 1990 studies. The trial period of
.
66.8 days for civil cases (CV) in low caseload courts. These
averages are longer than the 17.7 days average for criminal cases
the aver&ges were shorter at 14 days for CCP and 20.2 dsiys fsr
CCw/oP.
longer at 247.7 days for criminal cases, and 411.3 days for civil
titie from filing to decision was a little more than two months.
days /CR), and 36.6 days under the present study. In the : 9'i!:,
study, the averages were 11.4 days ICR) and 37 days (OCR). See
Table 13.
present. sutyd, 50.7X of the total number of cases filed from 3uly
joinder of .isues.
The benefits of making the pre-trial mandatory had its
The volume accounted for about 10.1% of the total sample CElSP5.
Table 14,
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and responsibilities.
average of 39 &5es per month per court. That sume of the RTCS
mean that they performed better than the courts which have lisw
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c:. :.
still lower than the overall average c3f 39 ca5es. The
15 to 55 cases.
every month has become less and less at the rate of 41.5%. On
courts, i.e., a court with high caseload may also dispose cases
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t 1..
The ratio af the average outflow per month to the average
than 3 cases are disposed for every 100 caseload. The average
caseload RTCs did not differ much from that of the low-caseload
RTCs. Their monthly average GutflGw crf cases were 43 an& 35
Thus, from July to D’ecember -1990, the monthly volume of c&se1 oad
The piecemeal trial has not been tcrtally igncjred in WCs i i-l
NCR. In fact 7 sample courts did not adopt it and maintained the
trial.
a system that requires discipline and hard work may take a longer
whileto internalize.
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The following pointers may help in the swift administratiGn
Often the punctual judge commands mGre authority from the lawyers
who give mGre priority to cases heard before strict judges fGr
7
3 l Discipline. It is in the. determined efforts of the judges
a5 well as the lawyers to keep courts maintain a h4 profile.
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CONCLLJDINtS REMARKS
trial of criminal cases was 70.5 days; AZ.9 days i f-1 civil
ca5es.
caseload courts.
(Note for Gina: Attach here as Annexes’ the tklo tables on monthly
caseload and outflow. Remove this note in the final report.)