It's Christmas Day All Over!

Today, December 25, we are celebrating, on earth and in heaven, the birth of Our Lord Jesus Christ. The significance of this day is best exemplified or manifested by the joyous family get together or reunions, colorful decorations and lights, Christmas trees of all sizes, giving of gifts, smiles in the faces of people, fairs and festivals, and many others. Being a time for giving and receiving, a time for bonding, renewal and reconciliation, or a time for peace and happiness, it is not difficult to decipher that Christmas is a day, for all days, for genuine, authentic and pure Love. Yes, that is the significance of Christmas - that Jesus came to us and will again come, all because God Loves Us.

A Practical Supreme Court

Among the "first best changes" that our Supreme Court has made is to cut paper use in judicial proceedings. It has been reported that such move was in response to the call to protect the environment and to address the threats of climate change.

The new rule calls for the efficient use of paper and will become effectively by January 1, 2013.

This is truly a long overdue measure. It will definitely reduce the cost of litigation particularly on the part of the indigents and those already burdened by the mere necessity of initiating or defending a case in court.

Some of the substantial changes may be summarized as follows:Court pleadings and documents are to written single space instead of the current doubled space; Bond paper is prescribed instead of the current practice where lawyers are given a choice of even using a 100gsm copy paper;  Margins are now required to follow the 1.5 x 1.2 x 1 x 1 dimension; Number of copies to be filed have been reduced; and such other practical changes which should have been made or required but it is only now that there were addressed.

These changes were sought and discussed among practitioners long before they were instituted.

However, the long list of "musts"does not end here. There are other concerns that must be done, such as but not limited to:

a) A lawyer signing a pleading or document to be filed in court is required to indicate his or her Roll of Attorneys number, IBP number, PTR number, MCLE number, Telephone number, and Address. Failing to indicate these vital data would be fatal since the document may be considered as a mere scrap of paper Joe deemed not filed.

Suggestion: 1) make lawyers submit these information to their respective IBP chapters every year and thereafter forwarded to the Supreme Court's database or law list. The standing of a lawyer may be inquired into online, or by phone. No data is given for security reasons; and 2) The only information that should appear in the pleadings and even in his or her calling card would be the Roll number.

b) The lawyer's signature is required to be affixed in the pleading three times. Yes, three times in a single document. First, and obviously in the main pleading; second, in the notice of hearing if the pleading is a motion; and third, in the explanation why the pleading will not be served personally to the other party or his counsel.

Suggestion: Require only one signature. Remove the "explanation" portion since it is practical useless. Court on its own can order an explanation if it wants to depending on the circumstances. As for the notice of hearing, let a motion be placed on the calendar automatically if received by the court three days before a motion day designated by it, and provided it is also in receipt of the proof of service to the adverse party. In this way, movant should make sure that his or her motion is properly received and set for hearing. This will save time and resources of all parties including the court's.

c) Requiring medical certificates to be notarized. When a litigant or a lawyer fails to appear, a medical certificate is sometimes required. Worst, it must be duly notarized. This is not again practical and perhaps it could even open avenues for parties to falsify the document by making it appear that the doctor has appeared before a notary public when he has not actually done so.

Suggestion: Do not require notarization. Let the certificate signed by a professional be given due credence. If necessary, subpoena the doctor. That way parties making up a reason for failing to attend a hearing or submitting a certificate must think twice before doing so.

There are other concerns, but let the discussion be on these items for now.

So, what do you think?

FAITH IN THE DIVINE PROVIDENCE

In Quezon's Code of Citizenship and Ethics, the significance of Faith was placed first and obviously emphasized as follows:

"Have Faith in the Divine Providence that guides the destinies of men and nations."

President Quezon has placed so much trust in God that he further declared his unconditional faith when he said that -

"I seek God's help in meeting the grave responsibility that has been placed on my shoulders." (Source : Literary Digest, 28 September 1935 quoting President Quezon after winning the elections to become the President of the Philippine Commonwealth).

It is obvious that President Quezon does out rely on himself alone. He knows that human efforts are not enough to accomplish what he may have set out to do.

It has always been said that "if God is with us, who can be against us" and indeed "with God nothing is impossible."

The rest is history. President Quezon did not only lead us through the most challenging period in our nation's history but he has likewise laid down the principles that guided us in our struggle for self-determination and eventual independence.