A temporary judge will pinch-hit for the judge that just got promoted. But the problem is, this judge will be straddling between two courts, his permanent station and the one he has to fill in momentarily.

As a litigator, one of my frequent frustrations is the unavailability of the judge to hear my client’s case. Imagine this. I burn the midnight oil for the next day’s hearing. I make sure I have a solid grasp not only of the facts and arguments of the case, but also of the rules of procedure. I wake up super early as i have to be in court before 8:30 a.m. when hearings begin. I skip breakfast and weave through horrendous traffic. Inside the car, I practice what I say and my answers to arguments I anticipate my opposing counsel will have. Luckily, I am awarded the last slot available in the court’s parking. The parking structure is filled to capacity as both litigants and litigators alike want to be present by 8:30 a.m. as well, for their own respective cases. I get to the court and see the case I am handling is set for hearing on that day. I am so ready for battle. As I enter the courtroom, the clerk of court announces that the judge is no longer available as he has just been promoted as justice of the Court of Appeals. I am dumbstruck. All that studying, waking up early, skipping breakfast and weaving through traffic for nothing. So, you may wonder when the next hearing is. Well that’s when another judge sits in that court. When that will be, no one really knows.

As is procedure, a temporary judge will pinch-hit for the judge that just got promoted. But the problem is, this judge will be straddling between two courts, his permanent station and the one he has to fill in momentarily. This means that cases would be heard less frequently. On a normal basis, a case can be heard once a month. With a pairing judge, cases can be heard once every two or three months, or even longer. I have had an experience in the past where the pairing judge prioritized criminal cases. This resulted in civil cases being at the bottom of the totem pole and thus heard like once in four or five months.

Yes, this is a reality. Courts have permanent vacancies because of a judge’s retirement, resignation, appointment to a higher office, transfer to another station, removal or even death. There can be temporary reasons, too — sickness or vacation. Any of these, whether permanent or transitory, can result in the ceasing of hearing of cases in that court. This means the wheels of justice turning at such snail’s pace. And of course, we cannot blame the judge. While there may be a solution by having a pairing judge to fill in his shoes, such is very transient and does not afford the kind of relief we want.

Just when we all think that there is no more hope in sight, we now have judges-at-large. Come again, judges-at-large? Yes, you read it right. By virtue of Republic Act 11459, otherwise known as the Judges-at-Large Act of 2019 approved only last 30 August 2019, “One Hundred positions of Regional Trial Judges-at-Large are created. The duly appointed Regional Trial Court Judges-at-Large shall have no permanent salas and may be assigned by the Supreme Court as acting or assisting judges to any Regional Trial Court in the Philippines, as public interest may require (Section 2, Republic Act 11459).” This provision is meant to be inserted in Section 14 of Batas Pambansa 129 known as the Judiciary Reorganization Act of 1980. BP 129 reorganized in 1980 the judicial structure from the Court of Appeals down to the trial courts nationwide.

With RA 11459, we now have a “pool” of judges created precisely for exigencies like the ones cited above. They have no permanent branches, so that they can readily fill the void of the vacated court. An instant band-aid solution to plug the hole. Both litigators and litigants need not unnecessarily wait ’til kingdom come for their cases to be heard. Hopefully, with this new program, the pace of cases being heard will be steady and uninterrupted. If a case is heard once a month, a judge from the pool can instantly step in for the erstwhile magistrate and the schedule is maintained.

For all we know, having this system might even result in a faster and more efficient pace.

This is the first time I encountered this idea. I am eager to see what effects it will bring to the judicial system. I am hopeful it will bear positive results. With this, a case goes on without any unwanted and indefinite intermission. So, no matter how many cases are added in a day to the court’s docket; even if the permanently assigned judge is not available, someone is there to warm his seat and dispense justice. After the implementing rules of the law are promulgated, let us see how things pan out.