This Issue examines the recent amendments to procedural law and their impact on due process, judicial efficiency, and access to justice. With the Supreme Court’s continuous efforts to modernize court processes, these reforms have been crucial in ensuring that procedural safeguards remain aligned with the evolving needs of the legal system.

 

In the Article entitled, “Call My Accuser Before My Face: The Constitutional Right to Confront Government Physicians and Chemists in Criminal Cases,” Atty. Lawrence Hector B. Arroyo re-examines time-honored doctrines in criminal litigation. The Article forwards due process concerns arising from medico-legal and chemistry reports, which are often admitted in evidence despite the non-presentation of the individuals who prepared them as witnesses. The implications thereof pertain to the right of the accused to cross-examination, emphasizing the role of the hearsay rule in criminal proceedings involving medico-legal reports and chemistry reports.

 

Atty. Axel Rupert M. Cruz, in his Article entitled, “Discovery in Criminal Proceedings,” centers on the restrictive application of discovery rules under the Rules of Civil Procedure in criminal cases. He opines that the Supreme Court’s stance on the exclusivity of discovery rules limits effective fact-finding and procedural fairness. Aiming to enhance judicial efficiency and safeguard the rights of both the prosecution and the defense, the Article advocates for a more structured approach to the application of such modes of discovery.

 

In the Comment entitled, “Justice Delayed Is Injustice: Understanding Cagang v. Sandiganbayan,” Atty. Erdelyne C. Go and Atty. Ellen Rose C. Buenaventura analyze the ruling in Cagang v. Sandiganbayan and its implications on the right to a speedy disposition of cases. The Authors review how Cagang refines the standards for determining inordinate delay. It expounds on the balancing test that considers factors such as the length, cause, assertion of delay, and the prejudice suffered by the accused.

 

This Issue accentuates the significance of procedural law in protecting fundamental rights and ensuring fairness in judicial proceedings. The Articles therein contribute to the continuing discourse on the role of procedural reforms in promoting access to justice and upholding the rule of law.

 

To access this Issue, kindly click this link: https://tinyurl.com/ALJ-Issue68-2.