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'I Shall Not Delay Any Man's Cause.'

Manila Bulletin, January 19, 2003 | Article details

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'I Shall Not Delay Any Man's Cause.'


Byline: Josue N. Bellosillo

(Continuation of the speech delivered by Senior Associate Justice JOSUE N. BELLOSILLO as Inducting Officer and Guest Speaker of the Citizens Legal Aid Society of the Philippines held 16 January 2003 at the Wack Wack Golf and Country Club, Mandaluyong City.)

THE causes of delay are complex and interrelated most of which are mainly attributable to the parties and their lawyers: their slothfulness in preparing for trial or the lack of preparation of their lawyers who object unnecessarily to evidence, even without factual or legal basis, or in general, fare very poorly in trial work; deliberate delays and pre-trial maneuvers by litigants with the aid of their lawyers; failure to utilize the pretrial procedure efficiently and effectively such as clarifying issues at an early stage, or discussing the options for settlement or plea bargaining; and, unnecessary postponements and adjournments.

The reluctance and lackadaisical attitude of judges to actively manage their cases or their outright sloppy preparation can lamentably slow down the proceedings. Before the pre-trial, the judges are expected to read the pleadings thoroughly, anticipate what facts may be admitted by the parties as may be gleaned from their pleadings, as well as documents to be used as exhibits and determine the genuine issues that the parties may ventilate at the trial, and then guide and lead them accordingly.

There are also institutional …

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