by Atty. Julius Gregory B. Delgado
2021 IBP-BOHOL CHAPTER BENCH AND BAR DIALOGUE
The Bench and Bar Dialogue has been a notable tradition of the IBP-Bohol Chapter wherein judges and lawyers discuss recent legal developments, latest trends and issues concerning the practice of law. In the past, we have had fruitful discussions regarding the implementation of the Judicial Affidavit Rule. In the aftermath of the 2013 Bohol Earthquake, the dialogue provided an avenue for lawyers to haggle for extension of court deadlines because of frequent brownouts at that time.
Yesterday, 19 June 2021, this year’s Bench and Bar Dialogue was held at Bamboo Pavilion in JJ’s Seafood Garden in Tagbilaran City. In attendance from the Bench were Regional Trial Court Judges, Hons. Jenny Chavez-Marcos, Jorge Cabalit, Samuel Biliran and Glenn Pergamino. Hosted by Ms. Rebecca Dalagan of the Holy Name University College of Law, the program started with an Invocation followed by the singing of the National Anthem, Bohol Hymn and IBP Hymn led by Atty. Cheryl Ann Villares (Press Relations Officer). Atty. Licelle Zamora, the Chapter’s President gave a warm welcome to the participants.
With yours truly moderating the discussion, this year’s Bench and Bar Dialogue focused on three matters: 1) the 2019 Amendments to the Rules of Civil Procedure which became effective last year, 01 May 2020 to be exact; 2) Online Hearing and Videoconferencing; and 3) Plea Bargaining in light of the recent ruling of People vs. Reafor, G.R. No. 247575 (16 November 2020).
Discussion on the 2019 Amendments to the Rules of Civil Procedure is long overdue. Yet, because of the pandemic, it prevented the Chapter from hosting a dialogue to discuss this very important legal development. Important because it brought a lot of changes to what we have been used to in court litigation but will definitely aid for the speedy disposition of cases. Among the changes brought by the 2019 Amendments is that the parties are already required to state and attach their documentary and testimonial evidence. The so-called “laying of cards” at the very early stage of the proceedings will enable judges to dispose of the case by judgment on the pleadings or summary judgment without the necessity of trial. The 2019 Amendments to the Rules of Civil Procedure likewise enumerated what are prohibited pleadings and eliminated the possibility of using technicalities to delay disposition of cases.
The second topic discussed was online hearing and videoconferencing which has become the trend nowadays due to lockdowns and travel restrictions. Yet, there are problems with some courts in areas where the signal is very weak making online hearing and videoconferencing almost impossible. Third and finally, the case of People vs. Reafor, G.R. No. 247575 (16 November 2020) was discussed regarding plea bargaining in drug cases. In the said case, the Supreme Court nullified the trial court’s approval of a plea-bargaining agreement considering that the public prosecutor repeatedly and vehemently objected to a plea bargain from Section 5 (selling of illegal drugs) to Section 12 (possession of illegal drug paraphernalia). The Supreme Court held that one of the elements of a valid plea-bargaining agreement is the consent of the public prosecutor. But one judge present said that the objection of the public prosecutor can be overruled on a case-to-case basis, and it is up to the prosecution if it elevates in a piecemeal basis before the higher courts every time the trial court will approve a plea-bargaining agreement.
After the discussion, Atty. Adeline Glovasa (Secretary) made a recapitulation of what issues were discussed and Atty. Idonah Lee Grupo-Coritico (Immediate Past President) delivered the Closing Remarks. This year’s Dialogue was attended both physically and via online. Questions were asked from the audience physically present, particularly from practitioners Attys. Harold Bayarcal (Treasurer), Siegfred Caresosa (Director) and David Maulas (Director), and from those present online. Atty. Lawrence Medilo, Branch Clerk of Court of Regional Trial Court of Tagbilaran City, Branch 4, made it possible for the broadcast of the event via Facebook Live.
In conclusion, lawyers, as officers of the courts are bound to ensure that the recent amendments and legal developments are fully implemented. Yet, there are exigencies and unforeseen events, such as the COVID-19 pandemic, which necessitate for giving leeway (not total relaxation) of the application of the rules in consideration with the plight of lawyers and litigants but without sacrificing the ultimate objective, which is the speedy disposition of cases. This goal is anchored on the slogan of the IBP National Office, “Justice Bilis, Not Justice Tiis”.