FOREWORD

The “Philippine Benchbook for Trial Court Judges” was launched on

23 March 2000 by the Supreme Court and the Philippine Judicial Academy
(PHILJA) through the generous support of the Australian Aid International
Development and technical support of the International Development Law
Institute (IDLI).

Chief Justice Hilario G. Davide, Jr., in the Foreword, called the launch a
“historic event’ and dubbed the book the “Judicial Bible for Philippine Judges.”
Ambassador John Buckley noted, in the Preface, that the book “was designed to
enhance the efficiency, accountability and transparency of the Philippine
Judiciary and I believe it will most certainly contribute to the achievement of good
governance in the judicial system”. PHILJA Chancellor Justice Ameurfina A.
Melencio Herrera, however, cautioned that the book “is not a magical answer, or
sorcerer’s tome. It must be used – often and well!”

Intended and used as the primary reference for judges, the book has
essentially guided judges in research, decision-making and proper management
of cases in their respective courts. While still useful, it no longer commands the
authoritative character it had for the reason that it has never been revised or
given the necessary updates on supervening legislation, jurisprudence and
Supreme Court issuances.

In 2007, PHILJA conceptualized the Benchbook Revision Project. It was

thought that International Development Law Organization (IDLO, formerly IDLI),
could somehow facilitate the funding through AUSAID as it did before.
Unfortunately, it took sometime for the project to be submitted. In the meantime,
Professor Alfredo F. Tadiar, Project Director for the Revision Project, was elected
in 2008 as Chairman of IDLO’s Board of Directors. Hence, the Academy no
longer pursued the proposal because of a conflict of interest.

Fortunately, on May 19, 2009, then Chief Justice Reynato S. Puno, rising
to the challenge, approved that the savings from the PHILJA training funds for
the Y2008 be utilized to cover the costs for the Benchbook Revision Project.

In the Foreword to the first edition, CJ Davide further spoke about a

“prospective dissemination of the Benchbook to lawyers and civil society” to
foster “greater understanding and respect for the courts.” The Committee, taking
that prediction as a cue, decided to revise the title to “Benchbook for Philippine
Trial Courts (Revised and Expanded)” (removing the restrictive word “judges”
from the original title) with the intent that, since lawyers are considered as
officers of the court, they and other interested persons may avail of this
publication.
Responding to the suggestions made in the 2004 Survey on the
Usefulness of the Benchbook, and to the critique thereof made by a Canadian
research organization for IDLO that the guidebook seems to have been generally
intended for second level courts, the Committee decided to include two new
subjects on Summary Procedures and ADR which mostly applies to first level
courts. The expansion also includes the recently promulgated Rules of
Procedure for Environmental Cases (A.M. No. 09-6-8-SC, effective 29 April
2010).

The Revision Committee first met on 12 September 2007 and thereafter,

held monthly meetings for a total of 35 meetings to review and discuss the
revisions proposed by each subject author. The meetings were presided by the
PHILJA Chancellor.

The organization, content, style, citation of authorities, clarity of

presentation, and other matters were so thoroughly discussed by the Committee
with each author so that several revisions had to be made before the Committee
finally accepted the work presented.

An author of a subject in the original Benchbook, also, a member of the

Revision Committee, noted appreciatively the foregoing practice which seems
not to have been followed in the original version as their work was merely
presented to a Board of Editors. So, there was no inter-action among other
authors as has been done during the revision.

The Minutes of the 35 Meetings, recorded, edited, and compiled, are

proposed to be published as valuable research material.

In 2007, PHILJA asked IDLO to assist in the revision of the 2000

Benchbook. Concerned that the first Benchbook was never updated, IDLO
asked assurance that the Benchbook will be updated periodically. The Supreme
Court passed a resolution that would assure subsequent funding for updating of
the Benchbook every six (6) months after publication of this revision which is
being funded by United States Agency for International Development (USAID)
through the American Bar Association – Rule of Law Initiative (ABA-ROLI) which
is hereby gratefully acknowledged. Thus, assurance has been made that the
Benchbook will always be up to date.

During a meeting of the Project revision team composed of all authors of

the various subjects, Chancellor Justice Adolfo Azcuna asked the provocative
question: “What is a good judge?” and the answer: a judge who is able to
determine facts accurately, apply the relevant law, render judgment of the
dispute independently, expeditiously and fairly, thereby contributing to
predictability of decisions that contributes to the Rule of Law.

Justice Azcuna followed this with “What makes a great judge?” The
answer: one who is able to perceptively see beyond the narrow issues of a
particular dispute and render judgment that embeds universal principles to
provide guidance for human conduct that will strengthen the rule of law and good
governance.

With this thought, the Committee decided that the Benchbook will be
designed for use by trial court judges so that each of them who thoughtfully and
conscientiously use it can be, at the minimum, a “good judge”. And, more
importantly, can be inspired and motivated to become a “great judge”.

Manila, February 14, 2011.

ALFREDO F. TADIAR
Project Director & Editor-in-Chief