The Supreme Court of the Philippines has been using paper ever since its

establishment in 1901. Complaints, pleadings, motions and other

necessary court documents have always been contained in hard copies of
paper whether it is personally submitted to the court or service through
mail under Rule 13 of the Rules of Court. The production of paper
involves cutting down trees and in doing so causes deforestation.
Deforestation is a contributing factor to global warming and climate
change. Climate change causes stronger typhoons and it also affects the
physical and mental health of human beings. In 2013 the Supreme Court
implemented the Efficient Use of Paper Rule which has the objective of
minimizing the courts’ excessive use of paper in order for the judiciary to
have a part in saving trees. Included among the methods for this
objective is the submission of the pleadings of the parties through email.
This gave rise to the electronic filing or e-filing. Electronic filing is the
electronic submission of court documents between the courts and the
litigants. The said submission though under A.M. No. 11-9-4 or the
Efficient Use of Paper Rule will still be deemed as filed when the hard
copy of the pleading is submitted to court. Therefore the pleading will not
be deemed filed by the court if the hard copy of the said pleading is not
filed to the court.

Currently due to the prevention of the spread of corona virus the

Supreme Court has extended e-filing until April 30, 2020 with
Administrative Circular No. 33-2020 and Administrative Circular No. 34-
2020. The question is could e-filing be used permanently by litigants for
submitting their complaints and pleadings to the courts. This is in
relation to the Efficiency of Paper Use Rule since the issue with that rule
is that the litigating parties are not given the option to just file their court
documents through e-mail since the courts will not deem the court
document as filed if the litigating party did not submit a hard copy of the
said court document and the only reason why e-filing without the
submission of hard copies of said documents is being allowed is because
of the physical distancing that is being implemented by the government.

In this paper the disadvantages of requiring the filing of hard copies of

court documents along with soft copies of court documents will be
discussed along with the advantages and disadvantages of deeming the
submitted court documents through e-mail as filed already. The question
that should be answered is whether or not deeming the submission of
the pleading to the court through email as filed will help in the court’s
efficiency to settle cases and whether or not the Efficient Use of Paper
Rule must be amended. Efficiency of the courts is at the forefront of this
topic as well in that can electronic filing contribute to the efficiency of the
courts in deciding cases.

The procedure of e-filing in the Efficient Use of Paper Rule could be

contradictory to its objectives of lessening the paper usage of the courts
as there are also disadvantages in requiring the submission of hard
copies of court documents. These disadvantages include environmental
liabilities and spatial inconveniences. In turn advantages to submitting
pleadings through email exist as well. This type of submission also has
its own disadvantages.

One of the disadvantages of relying so much to printed materials of

complaints and pleadings is that it contributes to the destruction of the
forest ecosystem of the Philippines since the paper where the complaint
or pleading will be printed is made by cutting down trees. In the
Philippines laws have always been contained in paper. Complaints and
pleadings which opposite sides use to communicate claims or answers in
relation to the law corresponding to their issue had always been in
paper. With the rise of technology people could read an article, a book, or
even a complaint or pleading in computers, tablets or smartphones. The
necessity of using paper is then decreased. The resources in the
Philippines are in the ordinary course of things being used by the people
within it. The paper industry in the Philippines is one of its most prolific
industries. It makes around Php.30,000,000,000 from domestic sales
here in the Philippines. From the three highest co-equal branches of the
government, to the most profitable private sectors in the country and
down to the pre-school students who are learning to read and write
everyone uses paper. Cutting trees could lead to deforestation. Trees give
oxygen and absorb greenhouse gases which could eliminate global
warming.

Here in the Philippines it has been reported that in the year 2018 the
municipal trial courts had 160,153 pending cases and that the regional
trial courts had 546,182 pending cases. In all of these the complaints
and pleadings of the parties had been submitted in printed form. The use
of papers in these cases is not just minimal. No one thinks of how much
paper they use when they are thinking about their cases. The courts’
excessive use of paper increases the cutting of trees by loggers which will
increase deforestation and climate change in the country.

The Philippines therefore has environmental laws which support the

protection of the environment. These laws include the Constitution and
the Revised Forestry Code. They do not prohibit the use of paper but they
encourage the measured utilization of timber products such as paper.
They therefore lessen deforestation thus paving the way for the
restoration of the forest ecosystem of the Philippines.

The 1987 Constitution enshrined the right of the people of to a

balanced and healthful ecology. The second paragraph of Section 1 of
Article XII tells that the State shall promote industrialization and full
employment based on sound agricultural development and agrarian
reform through industrialization and the efficient use of natural
resources. Section 4 states that the Congress by law may determine the
limits of forest lands and national parks after that they must be
conserved. The Congress may also provide measures to prohibit logging
in endangered forests and watershed areas.

The Revised Forestry Code has the objective of rehabilitating forest

lands. It states the beneficial uses of timber, land, soil, water and grass
of forest lands. Also it only allows the utilization, exploitation, occupation
or possession of any forest land, or any activity therein, involving one or
more or its resources, which will then produce the optimum benefits to
the development and progress of the country and the public welfare,
without impairment or with the least injury to its other resources. The
Revised Forestry Code also enumerates the systematic utilization of
timber. The Bureau of Forest Development which is currently known as
the Forest Management Bureau shall conduct a program of progressive
inventories of the harvestable timber and young trees in all forest lands,
whether covered by any license agreement, license, lease or permit, or
not. A timber inventory is used in order to know the value and volume of
standing timber. Section 24 requires inventory prior to timber utilization
in forest lands. Section 26 states the annual allowable cut of any
particular forest land shall be determined on the basis of the established
rotation and cutting cycle thereof, and the volume and kind of
harvestable timber and healthy residuals, seed trees and reproduction
found therein. Section 27 puts a duration on the license agreement or
license to harvest timber in forest lands. The Revised Forestry Code
limits the excessive utilization of forest products thereby making sure
that deforestation will be curbed.

Republic Act 7161 incorporates the National Internal Revenue Code to

the Revised Forestry Code in that it amends the charges subjected upon
timber products. Section 3 states that there shall be collected charges on
each cubic meter of timber cut in forestland, whether belonging to the
first, second, third or fourth group, twenty-five percent (25%) of the
actual FOB market price based on species and grading. Section 4 states
that there shall be collected forest charges on each cubic meter of
firewood cut in forestland, branches and other recoverable wood wastes
of timber, such as timber ends, tops and stumps, when used as raw
materials for the manufacture of finished products, Ten pesos (P10.00).
Only third or fourth group wood can be taken for firewood.

The Supreme Court itself understands the importance of keeping the

environment safe. In Oposa vs. Factoran the Supreme Court stated that
the right to a healthful ecology is incorporated in the Constitution. In
this case the complainants averred that the deforestation in the
Philippines was increased by the defendants’ issuance of timber license
agreements to various corporations for commercial logging. The timber
license agreements allowed for the commencement of logging for over
3.89 million hectares. The damage of allowing these timber licensing
agreements will be unimaginable in that it will result to the loss of life
and resources that should still be used by future generations. The
complainants then stated that the timber license agreements must be
cancelled since the State acts as the parens patriae to its people and it
must therefore protect their rights including their right to a healthful and
balanced ecology. The defendants in turn stated that the complainants
failed to state a specific right which has been violated by the issuance of
the timber licensing agreements. They stated that the cancellation of
timber licensing agreements would also require due process of law. The
Supreme Court in this case decided that the complainants may represent
the generations yet unborn as it was related to their right to a balanced
and healthful ecology. It means that it is the responsibility of the current
generation to protect and preserve the rhythm and harmony of the
environment for the enjoyment of a healthful and balanced ecology by
the next generation. The Supreme Court then ruled that the
complainants were able to base their complaint to a specific right which
is the right to a balanced and healthful ecology which was stated in the
constitution. The right and duty to a balanced and healthful ecology is
another category altogether because it carries with it the right to self-
preservation and self-perpetuation. Since the right to a healthful and
balanced ecology is a legally demandable right that is based on the
Constitution the courts may then settle controversies involving such
right as part of judicial power.

The Calub vs Court of Appeals case is a case of illegal logging and the
penalty for such act. In this case Pio Gabon and Constacio Abuganda
were caught by the DENR authorities while they were in possession of
2,250.97 board feet of illegal lumber in total. The vehicles that Pio Gabon
and Constacio Abuganda were driving were owned by Jose Vargas and
Manuela Babalcon. The petitioners then charged them with the violation
of the Revised Forestry Code. Babalcon and Abuganda were acquitted
due to reasonable doubt. She and Abuganda then filed a complaint for
recovery of possession for the two impounded vehicles. The petitioners
then filed a temporary restraining order to the Supreme Court which the
Supreme Court granted thus enjoining the Regional Trial Court Judge
from conducting further proceedings for the case of replevin. The
Supreme Court then ruled in favor of the petitioners stating that the
vehicle and the lumber products on it does not have the legal documents
required by law for the legal transport of the said products. The Supreme
Court then stated that under Section 78 of the Revised Forestry Code,
the cutting, gathering, and/or collecting of forest timber by any person
without a license shall be punishable under the crime of theft as defined
in Articles 309 and 310 of the Revised Penal Code.

Another disadvantage of using too much paper is storage. Court houses

like any other office could be crammed due to it having a lot of cabinets
or drawers to store its printed documents in. This is related to the fact
that court documents or records are public records making them
accessible to the people. Such cramped space makes the searching of a
necessary file slower thus taking more time and effort. Manual filing has
always been the bane of every office and yet it is a necessary act in order
to record the daily activities and transactions of the office. It is the most
important thing that courts also do. It is essential for a court to have a
file regarding a case in order to decide the said case with basis. Manual
filing though is also not good due to it being prone to damages. Papers
get destroyed due to clamping and calamities such as flooding or fire, it
could also get misplaced. Having a comfortable workspace means less
stress to office employees including court staff. Court employees need
their mental health to be fit in order to provide efficient service to the
people.

The Supreme Court in 2013 implemented A.M No. 11-9-4 or the Paper
Efficiency Rule that has the objective of helping in the reduction of
climate change by lessening its paper use and thus introducing the
method of e-filing. E-filing or electronic filing is a method by which the
submission of court documents such as complaints, pleadings or
motions are done through e-mail or compact discs. The said rule though
still implements the submission of a hardcopy of the court documents in
order for said documents to be deemed as filed in court. The Paper
Efficiency Rule in Section 5 made the submission of soft copies of court
documents to e-mail. This submission though is made with hard copies
of said documents.

Courts need efficiency in order to settle the cases before them and with
e-mail it is easy to be efficient. People and offices have used e-mail to
communicate and exchange data to each other for years. The benefits of
e-mail offer convenience to its users as well as efficiency. With using e-
mail courts could just provide a registered e-mail address to litigating
parties where they could submit their court documents such as
pleadings, complaints or motions. It makes the sending and receiving of
documents so fast no one thinks about it afterwards. A user may also
make another e-mail immediately after sending a previous one. Court
staffers could then send the orders issued by the parties simultaneously.
E-mail is also easy for referencing since the messages may just be
searched in the search bar of the e-mail. Court staffers could then just
find the pleading, complaint, motion or court document regarding a case
through the search bar of the e-mail. It is also detailed when it comes to
the time that it is sent up to the subject of the said e-mail. Court staffers
will then know at what time a court document is submitted. E-mail can
also be accessed in a smartphone or tablet which makes it easier to read
or input information into. This could make it easier for litigants to access
the court files that they need. E-mail is also free therefore it can be used
by anyone. A user can send e-mail to another anytime of the day and
regardless of the different time-zone. Therefore litigants may be able to
send their pleadings, complaints or motions anytime of the day. The
delivery of e-mail is also guaranteed and the user would be notified for
the receipt of an e-mail. It will not land in the wrong hands or the wrong
place since it is private and secure. Litigants therefore do not need to
worry about their court documents being sent to the wrong address.
Folders within the e-mail can be made in order to properly categorize
messages. Court employees could therefore categorize the soft copy of the
court documents in the e-mail in an organized manner that makes it
more efficient for the said documents to be found. E-mail also allows
documents to be digitally signed therefore genuineness of court
documents could also be secured. E-mail’s benefits while convenient
could also be efficient because with e-mail an attorney could easily
answer the inquiry of his client. Judges could also have the opportunity
to read through the documents submitted by the litigants through e-mail
and take note of the information within the said documents when it is
time to decide the case. The courts will then enhance their efficiency in
handling the cases presented to them with filing court documents
through e-mail.

In relation electronic filing for court documents has benefits as well

according to an article written by a court management consultant in the
United States of America. It is cost effective an example of this is a return
of investment study in 2009 that was conducted in Florida wherein the
courts were able to save 1 million dollars by e-filing 2 million of their
court documents. It is environmentally friendly, it has a built-in
scheduling capacity therefore justice is being served at a quicker pace or
timely manner, it also prevents the stealing of court files through the use
of encrypted passwords.

Several courts in other countries are already using electronic filing for
their court documents in Australia their federal court has already
pioneered the electronic court filing in their courts. Their court document
files are placed within a system thus keeping said documents secure.
Automatic acceptance by the courts of required court documents are
therefore made possible. The notification for the receipt of the courts of
said documents also became efficient since the said documents will be
stamped immediately. Washington D.C. 20543 provides for the
guidelines of electronic court filing in the courts of United States.
Practice Direction 510 implements electronic court filing in the courts of
United Kingdom. It is recommended in the United Kingdom that
electronic filing may be applied to case statements and other documents.
Malaysia is also implementing an electronic court filing system.

Washington D.C. 20543 provides for the electronic filing of the Supreme
Court of the United States under these rule court documents should be
filed through the Court’s electronic filing system along with the hard
copies of the documents. According to this rule the counsel of each party
must register with the website provided by the Supreme Court first
before they can submit the court document through the Supreme Court’s
electronic filing system. A notice of appearance must also be submitted
by the counsel of the litigating parties. It is entirely submitted through
the electronic filing system and no paper copy is needed for the said
notice.

In California the courts through their rules implemented an electronic

court filing wherein the litigating parties may send their court documents
through electronic services and they will receive electronic notifications
for the submissions as well. It mandatory for the litigating parties to
submit their motions, petitions for review and amicus curae letters
through the electronic filing system and it is also mandatory that they
file hard copies of such court documents as well.

In Malaysia their electronic filing system involves the filing of court

documents online in a website provided for by the Malaysian courts. The
counsels in Malaysia must be registered in this website in order for them
to file court document there. Their e-filing could also include mobile
applications. They notify the litigants for the e-filing through e-mail if
there file has been successfully submitted.

In the United Kingdom the electronic filing system is called electronic

working. It is implemented through Practice Direction 510. It is available
24/7 to litigants. It applies to their insolvency proceedings, pre-action
claims and arbitration claims. Electronic working must be used by
litigating parties who are represented while it is not required for those
parties who are not represented. In using the electronic working the
litigants must file in the website provided for by the courts.

Here in the Philippines proposed rules for electronic filing or the A.M.
10-03-07 was submitted to the Supreme Court in September 5, 2013.
Under these guidelines the submission of the soft copy of documents
whether through e-mail or compact discs will only be deemed as filed if
the hard copies of the documents are also filed to the court.

There are disadvantages in filing pleadings through e-mail. E-mail can

be hacked therefore the privacy of the litigating parties could be
compromised. The identities of the litigating parties could also be used
for fraud. 9,600 data breaches were reported in the United States
between 2008 and 2019 and over 10 billion records were stolen. Hackers
at times steal information in order for their own gain. In the Philippines
395 identity theft cases reported to the Anti-Cybercrime Group of the
Philippine National Police.

Hackers are also all over the internet. It has been reported in 2017 that
more than half of internet users in the Philippine have been hacked. In
2018. Government agencies have been hacked as well in the past. In
2017 the National Privacy Commission reported that 7 government
agencies were hacked. In 2019 the Bureau of Customs was hacked and
defaced the website of the said agency. In the same year Filipino hacking
group PinoyLulzSec hacked the websites of government agencies
including that of the Armed Forces of the Philippines.

Another disadvantage of using e-mail is that not all parts of the

Philippines have internet. Internet in the Philippines is also slow despite
it being one of the countries who have the most internet subscribers. Its
internet speed is also significantly lower than that of the global average.

These disadvantages though should not hinder the implementation of

electronic filing in the Philippines since it can be solved because as
stated in the discussion for the benefits of e-mail the submission of court
documents to the court through e-mail could help in serving justice in a
timely and efficient manner. Solutions may also be done for the
electronic filing system of the courts to work. The electronic filing system
for example must also be compatible with multiple generations of
technology. It must also be accessible to all levels of the court staff whose
work is related to the settlement of cases. The registration of the counsel
of the litigants in order to submit their client’s pleadings through the
electronic filing may also be done here in the Philippines just like in the
other countries in order to increase the security of the court documents
online. Online verification may be done as well through online links to
email or social media websites as well requiring the counsel or litigant
who will submit the pleading, complaint, motion or any other court
document to give a photo or video simultaneously with the filing of the
court document. Having a good electronic filing system could therefore
increase the productivity of courts and thereby help in increasing their
efficiency in settling the cases before them. Online hacking may be solved
through the provision of better online security and accepting
recommendation from ethical hackers or those who hack based on the
direction of a client. Government agencies including courts may therefore
hire ethical hackers in order to teach them on how to acquire better
security in the internet. As to the internet speed in the Philippines a bill
which has the objective of improving internet speed in the Philippines
has already been passed in the House of Representatives.

This paper then concludes that the Efficient Use of Paper Rule must
then be amended in order to allow the litigating parties to submit their
court documents such as pleadings, complaints or motions in e-mail and
it must have the same submission be deemed as filed by the Court. It will
help the courts in receiving and organizing court documents which will
give easy access to the information that a judge needs in order to decide
a case. Such amendment must not prohibit the submission of hard
copies of pleadings, complaints, motions or other court documents but
instead it should give the litigants the option to submit their court
documents through e-mail without the need of filing its corresponding
hard copies. The litigants may still opt to file hard copies of their
documents but the court if this type of amendment is implemented will
already deem the soft copy submitted by the litigant through e-mail as
filed. With this amendment the objectives of the Efficient Use of Paper
Rule will then be achieved since litigants will not see the need to file a
hard copy of their pleadings, complaints, or motions anymore. Electronic
filing also provides a quicker way for litigants to file their cases thus
providing the courts the information that they need in order to settle the
litigants’ cases and the courts through their electronic systems may also
provide the information needed by the litigants. Electronic filing could
therefore enhance the efficiency of the courts in settling the cases before
them because with electronic filing courts through their electronic
systems may generate the data for the information needed by the litigant.