Post for Nov 20-26 2011 (Tidbits and Nuggets)

TaN: In the continuing drama between the Philippine government and the Arroyos, cases are filed left and right, clogging up the dockets of the courts.  It is high time that there be a serious revision in the legal system concerning the filing of such cases.

The law on the filing of cases and litigation should be revised to minimize or to discourage the filing of harassment cases.  What I mean is that when a case is filed, the “loser” in the case should be the one to suffer the penalty.  For instance, Person A files a case against Person B because he wants to harass the latter, if the outcome of the case is that Person A loses the case and the penalty is a year (and one day) in prison, then Person A must be the one to go to prison.  This way, chances of only legitimate cases will be filed will be better.

Furthermore, it should be that the “loser” in the case shall shoulder all the expenses related to its litigation.

TaN: Still on legal court matters, anyone – justly or not – who has been detained/imprisoned for the maximum duration of the prison term allowable in the case should be set free.  S/he should be advised by the public attorney’s office no less than three months before the end of the maximum term of the situation so the (detained/imprisoned) accused can take steps to file for a dismissal of the case – or, at least, be released even while the case may still be continued (just for the sake of getting closure or pursuing the case to its logical conclusion).

Moreover, in cases where it is the state that is the prosecutor and the verdict is in favor of the accused or defendant, the state must compensate for the damages incurred by the defendant while in detention.

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