The Philippine Star

Bersamin bares latest reforms in judiciary

- By EDU PUNAY

Chief Justice Lucas Bersamin yesterday bared latest reforms in the judiciary implemente­d by the Supreme Court (SC).

Speaking before the Integrated Bar of the Philippine­s convention in Iloilo City, Bersamin said the SC has ordered the strict implementa­tion of the rule on hierarchy of courts in resolution of cases and the opening of the SC’s electronic library to the public.

Bersamin revealed the SC came up with a recent decision stressing the strict enforcemen­t of the rule on hierarchy of courts.

“When a question before the Court involves determinat­ion of a factual issue, the Court will refuse to resolve the question,” he explained.

Bersamin specifical­ly cited the SC’s decision in the case of GIOS-Samar Inc. vs. Department of Transporta­tion and Civil Aviation Authority of the Philippine­s promulgate­d last March 12.

The ruling said the SC will refuse to resolve a question involving a factual issue.

“When a question before the Court involves determinat­ion of a factual issue indispensa­ble to the resolution of the legal issue, the Court will refuse to resolve the question regardless of the allegation or invocation of compelling reasons such as transcende­ntal or paramount importance of the case,” it said.

The SC stressed that such cases with factual issues must first be brought to the trial court or the Court of Appeals.

Aside from this measure, Bersamin said the SC has also decided to open its e-Library to the public for easier access to its decisions, resolution­s and issuances.

The move was approved by the SC through Memorandum Order No. 17-2019.

The e-Library is a searchable database of jurisprude­nce including SC decisions and resolution­s from 1901 to the present, laws including present and past constituti­ons, issuances such as present and past Rules of Court as well as resolution­s in administra­tive matters, and other references like benchbooks, book catalogues of court libraries, index to Philippine periodical­s and a “Memorabili­a Room” of past and retired SC justices.

The project launched in 2004 is a sub-component of the Judicial Reform Support Program, which is part of the Action Program for Judicial Reform.

The SC directed its public informatio­n office under deputy court administra­tor and spokesman Brian Keith Hosaka to coordinate with the Management Informatio­n Systems Office and the SC Library to oversee the implementa­tion of the free public access and to “ensure that proper measures are in place to guarantee system security once the use and access of the e-Library are made public.”

Bersamin earlier vowed to implement key judicial reforms in his one-year tenure as SC chief.

Under his watch, the Court has moved to revise court rules in a bid to expedite judicial processes and created the Committee on the Revision of the Rules of Court for this purpose.

Bersamin also vowed to purge the bench of misfits and scalawags and to adopt legal clinics to enhance access to justice.

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