Connect with us

News

SC sees revised court rules to reduce frivolous suits

Published

on

Peralta said there is no use in proceeding to a pretrial or requiring the party to file an answer “when in fact the case should have been dismissed as early as the filing of the case.” (PNA file photo)

MANILA – Supreme Court (SC) Chief Justice Diosdado Peralta on Thursday said frivolous suits clogging lower courts are expected to lessen following the overhaul of the rules of court.

During the media launch for the 2019 revisions on the court rules, Peralta explained that during the preliminary assessment by judges under the new rules, judges may outright dismiss frivolous suits, with the judge likewise empowered to discipline erring counsels for filing lighthearted cases.

Under the new rules, the signature of the counsel is required in every pleading submitted to the court and the signature constitutes a certificate that among other things, that the lawyer had made an inquiry and that the claim sought or defense cited is warranted under the law.

Likewise, the new rules provide that the court may impose an appropriate sanction on an attorney, law firm or party that violated the rule. The sanction may include, but is not limited to non-monetary directive or sanction. The lawyer or law firm cannot pass on the monetary penalty to the client.

best online pharmacy with fast delivery buy stromectol online with the lowest prices today in the USA

“Kaya yung mga lawyers na nagpa-file ng frivolous suits medyo mag ingat na sila kase lahat na ng complaints babasahin ng husto ng judge (So lawyers who file frivolous suits, they should be careful because the judge will scrutinize the complaint from the start),” Peralta said.

Peralta said there is no use in proceeding to a pretrial or requiring the party to file an answer “when in fact the case should have been dismissed as early as the filing of the case.”

“Under the old rules ...di masyadong proactive yung judge e under the new rules more active na siya di na pwedeng passive (Under the old rules, the judge is not proactive. Under the new rule, the judge is more active in the proceedings),” he added.

Also under the present rules, the setting of the pre-trial is now done by the judge and not to be determined by the parties.

“Kinakailangan na ngayon may preliminary assessment. Dati wala nun e, dati ang nagpapa-set ng pre-trial yung party. Ngayon iniba na namin, husgado mismo magseset ng pre-trial …so kung frivolous yung suit, idi-dismiss yan (Preliminary assessment is needed now. Before there’s none, before the party set pre-trial. Now, we changed it, the court itself will set pre-trial.

best online pharmacy with fast delivery buy singulair online with the lowest prices today in the USA

So if you have frivolous suit, it will be dismissed) without prejudice to citing the lawyer or even the party for contempt of court,” Peralta said.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Maria in Vancouver

Headline12 hours ago

The Sobering Reality of Growing Old

Growing old brings a sobering reality: time is finite.  You watch your body slow down, see your parents age, and...

Lifestyle3 weeks ago

Dr. David Suzuki’s Legacy: A Celebration at 90

Celebrating Dr. David Suzuki’s 90th birthday on Friday, May 22  was a true privilege and a great pleasure! My husband,...

Lifestyle4 weeks ago

What I Know Now About Motherhood

Did you know that a mother’s cells can live in her child’s body for their entire lives? This fascinating phenomenon...

Headline2 months ago

Age with Audacity

At 25, I imagined life at 50 would mean I’d be past my prime and grumpy.  Little did I know,...

Lifestyle2 months ago

Spring Clean Your Body, Mind and Home

Spring has sprung! This season is perfect for spring cleaning, but why stop at our homes?  We can also rejuvenate...

Lifestyle3 months ago

Hear Us Roar

There is absolutely nothing wrong with a woman who wants her happily ever after. I certainly did. After 21 years...

Lifestyle3 months ago

The Real Rich

Margaret Atwood aptly captured this dynamic with the phrase, “Old money whispers, new money shouts.”  Let me elaborate on this...

Headline4 months ago

Love in the Afternoon of Life

Love in later life—the 50s, 60s, 70s, and beyond—is a thriving, fulfilling reality. It offers companionship, improved well-being, and joy,...

Headline4 months ago

Your Most Important Relationship is With Yourself

Valentine’s Day shouldn’t be celebrated only for one day. Love should be celebrated everyday. Valentine’s Day, when expanded beyond romance,...

Headline5 months ago

The 2016 Trend Made Me Reflect On My Past & Present

Like many others, I couldn’t resist joining the 2016 throwback trend.  It was all over social media, with everyone sharing...