file:msgphilja.htm

MESSAGE

Proceedings before courts can take different forms that are governed by
different rules. Motions are of many and different kinds. The grounds by which
they are either granted or denied are not to be found in any single law, or
rule, but must oftentimes be gleaned from pronouncements of the Supreme Court
or inferred from what can be a complicated process of reading rules together.
While rules of procedure may, on first blush, appear to be straightforward and
uncomplicated, decisional law uncovers nuances and introduces subtleties that
are far from obvious.

To have a single volume by the side of the judges that has direct, but
complete answers to the most frequently raised questions – this was the
inspiration behind this Benchbook. Drawing from its experience in other Asian
jurisdictions, the International Development Law Institute (IDLI) gallantly
offered its services to the Supreme Court which was happy to accept.

Bright minds in our judicial firmament shared their expertise. All of them
are extremely busy people, but all did their part to write out what they and
IDLI believed would be of most help to our judges. This Benchbook is an
offering not only of scholarship, but also of camaraderie with our judges who,
often distant from the myriad legal and research sources available in Manila,
must nevertheless apply the law and do justice in the islets and hamlets of
this Archipelago.

IDLI worked with the Philippine Judicial Academy, and we at PHILJA are happy
that we can now make the Benchbook available to our judges. There should be
less reason now for uncertainty in matters pertaining to remedial law
principally, and, we hope, less reason to find judges remiss in their duty of
applying the law correctly, intelligently and judiciously.

A Benchbook however is not a magical answer. It is not some sorcerer’s tome.
It must be used – often, and well! IDLI and the PHILJA, the educational
institution of the Supreme Court, now offer it to our judges. It is for them to
mine its riches and to put it to work to their advantage and to the advantage
of all they serve.

May our trial judges feel a little bit more confident in the discharge of
their awesome duties with the aid of the Benchbook.

AMEURFINA A. MELENCIO
HERRERA

 Chancellor