Friday, November 30, 2012

'Greener' SC sets limits in paper use, introduces e-filing

See -- http://www.gmanetwork.com/news/story/284459/news/nation/greener-sc-sets-limits-in-paper-use-introduces-e-filing
See -  http://sc.judiciary.gov.ph/pio/news/2012/11/11291201.php

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'Greener' SC sets limits in paper use, introduces e-filing
MARK MERUEƑAS, GMA NEWS November 30, 2012 11:35am
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Following the assurance from Chief Justice Maria Lourdes Sereno that the Supreme Court will be environment-friendly, the high court has approved guidelines in the efficient use of paper in resolutions and pleadings.

The high court said Administrative Memorandum 11-9-4-SC or the "Efficient Use of Paper Rule" aims to cut down the judiciary's excessive use of paper in an effort to "save our forests, avoid landslides, and mitigate the worsening effects of climate change that the world is experiencing."

The rule, promulgated last November 13, will become effective at the start of the coming New Year, after its publication in two newspapers of general circulation. The SC said the new guidelines would apply to all courts and quasi-judicial bodies under the administrative supervision of the Supreme Court.

According to the guidelines of the "Efficient Use of Paper Rule," all pleadings, motions, and similar papers intended for the courts must:

·         be written in single space with a one-and-a-half space between paragraphs;
·         use an easily readable font style of the party's choice;
·         must use a 14-point font;
·         must be on an 8.5-inch by 13-inch bond paper;
·         must have the following margings - 1.5 inch (left), 1.0 in (right), 1.2 in (top), 1.0 in (bottom);
·         be consecutively numbered.

Apart from parties' motions and and pleadings, the rule will also apply to all decisions, resolutions, and orders issued by courts and quasi-judicial bodies under the SC's administrative supervision, as well as reports submitted to the courts and transcripts of stenographic notes.

The high court also set the number of copies of court-bound papers to be made for each corresponding courts.

For the Supreme Court, parties are required to file one original copy (properly marked) and four copies. If the case is referred to the SC en banc, the parties would have to make 10 additional copies.

However, parties are only required to submit two sets of annexes for the en banc and court Division: one annex attached to the original, and another as an extra copy.

"All members of the Court shall share the extra copies of annexes in the interest of economy of paper," the Supreme Court said.

For the Court of Appeals, Sandiganbayan, and Court of Tax Appeals, parties are required to file one original, properly marked; and two copies with annexes. On appeal to the En Banc, one original (properly marked) and eight copies with annexes are required.

Meanwhile, if the case or pleading is filed with the trial court, only one original (properly marked) with the stated annexes attached to it is required.

"Also, a party required by the rules to serve a copy of his or her court-bound paper on the adverse party need not enclose copies of those annexes that, based on the records of the court, show said party already has such," the high court further said.

In case a party requests a set of annexes, the party who filed the paper is required to comply within five days from receipt of the request.

E-filing

The new rules also required parties to simultaneously file soft or electronic copies of the hard copy of their petitions or pleadings and their annexes (the latter in PDF format) either by email to the Court’s e-mail address or by compact disc.

The court said this additional requirement would be on a voluntary basis for the first six month or from January to June; and would become compulsary after that or July and beyond, unless the period is extended.

The court also said this additional requirement would be "in preparation for the eventual establishment of an e-filing paperless system in the Judiciary."

In her keynote and first public address made at the Conference of the Presidents of Law Associations in Asia in Pasay City last August 29, Sereno took note of environmental changes, particularly in urban areas, that are threatening to impede the country’s growth.

“We are in a country that must rise even if flooding or the threat of flooding is now the so-called new normal,” Sereno said.

Given this context, she urged the judiciary to lessen its dependence on paper for court operations, not only to help save the environment but also to protect court records during natural disasters.

"We have to do our share in minimizing the amount of trees cut down due to more paper demand," she said.

In February, the high court approved the Guidelines for Litigation in Quezon City Trial Courts, which served as a pilot testing area for the guidelines that would later on become national in scope. 

The guidelines were implemented in April, still under the tenure of ousted Chief Justice Renato Corona, who was removed from office via impeachment.

Included in the guidelines were page limitations for pleadings and memoranda filed by parties. — RSJ, GMA News
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