Sumagit LAW Offices

Sumagit LAW Offices The law office was established in 2010 by a young but dedicated lawyer who is a proud native son of San Juan, I. Sur the "Buri Capital" of the Philippines.

26/08/2013

THE Supreme Court is determined to shift from the traditional bundle of papers inside the courts to a paperless judiciary.

But before doing it, all courts and quasi-judicial bodies under the administrative supervision of the High Court are mandated to comply with the new rule on the efficient use of paper.

The new directive is contained in the Administrative Matter 11-9-4-SC, or the Efficient Use of Paper Rule, issued by the SC en banc recently.

“The court noted that there is a need to cut the judicial system’s use of excessive quantities of costly paper, save our forests, avoid landslides, and mitigate the worsening effects of climate change that the world is experiencing,” read the SC ruling.

The high tribunal pointed out that the new rule is in preparation for a paperless judiciary, which is one of the major reforms Chief Justice Maria Lourdes Sereno wants to introduce.

The High Court said the new rule aims to “maximize the use of every sheet of paper in rulings to be issued by the court and in the pleadings to be filed by parties.”

Beginning Jan.1, 2013, the SC said the rule will apply to all courts and quasi-judicial bodies under the command of the High Court.

New rule

In the new rule, Sereno requires pleadings, motions, and similar papers intended for the consideration of all courts written in single space with a one-and-a-half space
between paragraphs.

The concerned party should also use readable font style, 14 font size, and on a 13-inch by 8.5-inch white bond paper.

“All decisions, resolutions, and orders issued by courts and quasi-judicial bodies under the administrative supervision of the High Tribunal, as well as reports submitted to the courts and transcripts of stenographic notes, shall comply with the said requirements,” the SC said.

Specifications

The papers that the concerned parties need to submit should also have a left margin of 1.5 inches from the edge, 1.2 inches upper margin from the edge, one inch right hand margin from the edge; and one inch lower margin from the edge.

Each page of the pleadings should be numbered.

The parties should also specify the number of court where the documents will be submitted.

When filing documents to the High Court, parties are required to file one original and four copies, unless the case is referred to the en banc, in which the parties need to submit 10 additional copies.

Likewise, if the papers will be submitted to the en banc, both parties are required to submit only two set of annexes—one attached to the original and the other is extra copy.

If the papers are to be filed with a High Court division, the parties should submit two sets of annexes.

“All members of the court shall share the extra copies of annexes in the interest of economy of paper,” the SC said.

Preparation

In preparation for an attempt to change for paperless courts, the parties to cases before the SC are required to submit soft or electronic copies of the papers and their annexes either by email to the court’s e-mail address or by compact disc.

The High Court emphasized though that the above additional requirement will be on “voluntary basis” within six months and will later become compulsory after the given period unless extended.

In the Court of Appeals and the Sandiganbayan, parties are required to submit one original and two copies with their annexes.

In the Court of Tax Appeals, parties are required to file one original and two copies with annexes, and while on appeal to the en banc, the parties are mandated to file one original and eight copies with annexes.

Parties before the trial courts are required to submit one original with the annexes attached to it.

Likewise, the party is required to serve a copy of his pleading on the other party.

In case the other party, requests a set of the annexes actually filed with the court, the party who filed the paper shall comply with the request within five days from receipt.

courtesy of: Gerome Dalipe

17/08/2013

Pork barrel is the appropriation of government spending for localized projects secured solely or primarily to bring money to a congressman/representative's district.

Typically, "pork" involves funding for government programs whose economic or service benefits are concentrated in a particular area but whose costs are spread among all taxpayers. Public works projects, certain national defense spending projects, and agricultural subsidies are the most commonly cited examples.

Dito sa ating mahal na bayang Pilipinas, the term is commonly used in politics. Our legislators are allocated large sums of the annual national budget (200 million pesos for each senator and 70 million for each representative) in a program called the Priority Development Assistance Fund [PDAF]. may mga senador na nagsasauli ng buong PDAF nla, meron nman kalahati lang ginagamit.

17/08/2013

Court of Appeals (CA) issued "freeze order" to the bank accounts of fugitive Janet Lim-Napoles.

The freeze order covers bank accounts of members of Napoles’ family, those of her other relatives and NGOs that she allegedly used to divert P10 billion in lawmakers’ pork barrel allocations over the last 10 years.

"the love of money is the root of all evil, GBS"

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