Cagula, Jane Carressa Mae T.
Perception of private practitioners as to the inefficiency of registered mail as probable cause of delay in court proceedings and a proposal for the e-service of pleadings, judgment, and other papers / Jane Carressa Mae T. Cagula. - Cebu City : University of Cebu, 2016. - vi, 69 leaves ; 31 cm.
Includes letter to the respondents, research instruments, statistical analysis, and reliability test.
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
Includes bibliographical references (leaves 50-54).
Summary: Many studies had examined and explored different factors which cause the delay in the judicial process in Philippine courts. However, no one looked into the initial cause of such delay: the first of many processes in litigation which is the filing and service of the pleadings. There is a violation of due process of law not only when a person has been denied his day in court, but also when such was delayed for a long time. Registered mail is supposedly used for speedy delivery and receipts of mails, and is primarily utilized for their protection and security. However, it is now commonly used to delay the court proceedings purposely in violation of the safeguards provided in the Constitution. The main purpose of this study is to asses the perception of lawyers engaged in private practice in Cebu City regarding the inefficiency of the registered mail through a researcher-made questionnaire. The researcher employed the descriptive research design to evaluate the respondents' view. The outcomes of this study showed that the respondents agreed that the use of service by registered mail is inefficient and that such inefficiency causes the delay in court proceedings. Furthermore, they strongly agreed that E-service should be utilized for pleadings, judgments, and other papers as an alternative. Thus, it is recommended to the government as well as the courts to take all the necessary steps to address the problem and resolve the same.
English
Perception of private practitioners as to the inefficiency of registered mail as probable cause of delay in court proceedings and a proposal for the e-service of pleadings, judgment, and other papers / Jane Carressa Mae T. Cagula. - Cebu City : University of Cebu, 2016. - vi, 69 leaves ; 31 cm.
Includes letter to the respondents, research instruments, statistical analysis, and reliability test.
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
Includes bibliographical references (leaves 50-54).
Summary: Many studies had examined and explored different factors which cause the delay in the judicial process in Philippine courts. However, no one looked into the initial cause of such delay: the first of many processes in litigation which is the filing and service of the pleadings. There is a violation of due process of law not only when a person has been denied his day in court, but also when such was delayed for a long time. Registered mail is supposedly used for speedy delivery and receipts of mails, and is primarily utilized for their protection and security. However, it is now commonly used to delay the court proceedings purposely in violation of the safeguards provided in the Constitution. The main purpose of this study is to asses the perception of lawyers engaged in private practice in Cebu City regarding the inefficiency of the registered mail through a researcher-made questionnaire. The researcher employed the descriptive research design to evaluate the respondents' view. The outcomes of this study showed that the respondents agreed that the use of service by registered mail is inefficient and that such inefficiency causes the delay in court proceedings. Furthermore, they strongly agreed that E-service should be utilized for pleadings, judgments, and other papers as an alternative. Thus, it is recommended to the government as well as the courts to take all the necessary steps to address the problem and resolve the same.
English