THE PHILIPPINE LEGAL SYSTEM

DESCRIPTION OF THE

LEGAL SYSTEM

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2023 JRI Survey Report launched at the 2024 Justice Summit

In Q3 of 2023, in collaboration with PricewaterhouseCoopers (PwC) Philippines and Cabrera & Co, JRI conducted a survey to gauge the business sector's perception of our judicial system. This initiative facilitated the identification of the pertinent issues and concerns about the judicial system which were then carefully discussed and deliberated in two consultative workshops in November 2023 and January 2024.

The insights and recommendations emanating from these workshops were presented to Chief Justice Alexander Gesmundo who, during the 1 February 2024 SC-JRI Justice Summit, outlined the judicial reform initiatives under the Supreme Court's Strategic Plan for Judicial Innovations 2022-2027 (SPJI) and expressed hope that these efforts will reassure the business sector that the Judiciary is acting on the identified areas for improvement. These objectives revolve around enhancing efficiency, fostering innovation, and facilitating greater access to justice.

The 2023 JRI Survey Report was officially launched at the 1 February 2024 Justice Summit.

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FILING OF COMPLAINT

SUMMONS

EXCHANGE OF OPERATIVE PLEADINGS

PRE-TRIAL AND DISCOVERY

REFERRAL TO MEDIATION

TRIAL PROPER

6 months - 3 years*

RENDITION OF JUDGEMENT

6 months - 2 years*

FILING OF COMPLAINT

ISSUANCE OF WARRANT ARREST

aaprox 30days*

PRELIMINARY INVESTIGATION

ARRAIGNMENT AND PRE-TRIAL

TRIAL PROPER

APPEAL (if necessary)

FILING OF INITIAL COMPLAINT

SUMMONS

aaprox 30days*

MODES OF DISCOVERY

PRE-TRIAL

CLARIFICATORY HEARING AND TRIAL

RENDITION OF JUDGEMENT

APPEAL (if necessary)

GLOSSARY OF TERMS

TermsDefinition
SUMMONS
  • “document issued by a court ordering a specific person to appear at a specific time for some specific purpose”
  • receiver has a period to respond after receiving the summons
* duration of time period depends on the type of case
OPERATIVE PLEADINGS
  • is “a complaint, cross-claim, third-party complaint or other pleading by which either Purchaser or Seller is named in legal proceedings, or any amendment to any of the foregoing.”
PRE-TRIAL
  • court proceeding before the trial
  • allows for dispute resolution or mediation to occur
DISCOVERY
  • “the formal process by which the parties to a case in court exchange information about the case”
MEDIATION
  • intervention or method to resolve the dispute prior to main trial
APPEAL
  • done after the rendition of judgement
  • it provides “the right to seek the review by a superior court of the judgment rendered by the trial court"

The Supreme Court has issued Memorandum Order No. 72-2024 creating a specific channel, through integrity@judiciary.gov.ph, where the public can send actionable information on violations of corruption laws and ethics rules involving Justices, judges, and court personnel.

Read more about the Memorandum Order No. 72-2024

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