CHIEF Justice Ma. Lourdes Sereno on Sunday said the Supreme Court (SC) has done its part to expedite the court proceedings involving the Maguindanao Massacre case, but admitted that the quick resolution of the case would also depend on the cooperation between the prosecutors and defense lawyers.
In her speech before a forum on the issue of impunity attended by Asian journalists in a hotel in Quezon City, Sereno acknowledged the public’s growing impatience on the slow-paced proceedings in the Maguindanao case.
“It is one of the judiciary’s burdens that we are not in a position to make things move as quickly as we would want because the judicial process involves the prosecution, both public and private, and the defense; and, in every instance, the fundamental rights of the accused, as well as the correlative rights of the State,” Sereno said.
“Our process depends a great deal on good prosecutorial work and an equally good defense, both cooperating and not obstructing the process of the court, in order that expeditious trial can be realized,” she added.
Sereno noted that the SC has instituted several measures and reforms that “have accelerated the hearings to a remarkably fast pace” given the complexity of the case.
She said the reforms imposed specifically on trial of the multiple murder case in the Regional Trial Court Branch 221 in Quezon City have contributed to this purpose.
The SC issued on December 2013 several new guidelines, including the use of judicial affidavits in lieu of the direct testimonies of the witnesses, to speed up the trial proceedings of the Maguindanao Massacre case. The JAR requires submission of judicial affidavits, in lieu of direct testimonies of witnesses in criminal cases.
The rule specifically provides that “when a party [whether plaintiff or defendant] questions his own witness, he no longer needs to place the witness on the witness stand.”
As a substitute, the party or his lawyer merely submits the written sworn statement of his witness in a question-and-answer format.
It also requires each party to the case to attach all his documentary evidence to the judicial affidavit, which, in turn, must be submitted at least five days before the “pre-trial” or “preliminary conference” in the case. The JAR is intended to reduce the time needed for completing testimonies of witnesses in cases under litigation.
In adopting the JAR, the Court noted that about 40 percent of criminal cases are dismissed annually, owing to the fact that complainants simply give up appearing to court due to repeated postponements.
A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their submission.
Aside from allowing judicial affidavits in lieu of direct testimonies, the Court also directed Judge Reyes to hold “separate trials of the accused against whom the prosecution contemplates no further evidence, thereby, ordering such accused to present their evidence , and the case submitted for decision with respect to them.”
The Court also authorized Reyes to issue separate decisions or resolutions for issues which are ripe for resolution in any of the 58 cases being heard without waiting for the completion of the presentation of the evidence of all the accused.
She said the trial of the Maguindanao massacre case has proceeded non-stop, with no breaks except for official holidays, since it started on January 5, 2010.
“I know that the question foremost in the minds of many of you is when the trial on the most shocking mass killings the Philippines has ever experienced since the Second World War will come to an end. I, of all people, desire to give you an answer, but the only answer I can tell you with all sincerity is that the judiciary is doing its best, the Supreme Court exercising its power in a way it has never done before, to bring a speedy end to the long anguished wait,” Sereno said in an apparent response to criticisms on the delay in the Maguindanao massacre case resolution.
But when asked if she believes the cases would be resolved before President Aquino’s term ends in 2016, the SC chief said she would not want to speculate.
She noted the complexity of the case considering that it involves, 58 victims, 197 accused.
Out of the 197 accused, two were dropped from the complaint to act as state witness while the information against one has been dismissed
Of the 194 accused, 111 have been arraigned while 70 of the accused have filed petitions for bail and so far only 42 have already been resolved.
Also, 166 witnesses have testified.
“The transcripts of stenographic notes have now reached 70 volumes. The records, apart from the transcripts are 77 volumes thick and counting. Of the 437 incidents that needed to be ruled on, 400 have been disposed of and only 37 remain, most of them in relation to the petitions for bail. The present panel of prosecutors is already the third constituted panel. In addition are 18 private prosecutors and 15 defense lawyers/firms. Some of the lawyers have already withdrawn their representation. These data explain in part the long trial,” Sereno said.