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2007 Assessment

Philippines: Integrity Indicators Scorecard

Philippines: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	50
75	In practice, do judgments in the criminal system follow written law?	50
76	In practice, are judicial decisions enforced by the state?	50
77	Is the judiciary able to act independently?	88
78	Are judges safe when adjudicating corruption cases?	0
79	Do citizens have equal access to the justice system?	75

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: Rules of Court (www.supremecourt.gov.ph) www.lawphil.net

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments:

References: Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Interview with attorney Hector Soliman, specialist on public issues and director, Justice Reform Initiatives Support Project (JURIS), Sept. 24, 2007, Pasig City.

Peer Review Comments: Appeals are generally acted on in a very slow fashion, with few exceptions. The case on the ill-gotten wealth of the Marcos family and its cronies has not been resolved with finality, as the court has not ruled on the appeals. Many of the supposed beneficiaries of the case (human rights victims) have grown too old to reclaim justice or have died already. The wheels of justice in the Philippines turn very slowly, which effectively denies justice to a lot of people. In fact, one of the major problems of the judiciary is the load of case backlogs that remain unsettled.

Peer Review Comments: The appellate process in the Philippines is corruption ridden, and such corruption affects the performance and satisfaction in any particular trial.

www.sws.org.ph/pr050125.htm

There are surveys conducted by the Asia Foundation and the Social Weather Stations reports which show the exact extent of (dis)satisfaction with the appellate process.

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments:

References: Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Interview with attorney Hector Soliman, specialist on public issues and director, Justice Reform Initiatives Support Project (JURIS), Sept. 24, 2007, Pasig City.

Peer Review Comments: The cost of appeals and litigation in this country is prohibitive even for the middle class.

Peer Review Comments: See for example the Doing Business database and:

[ LINK ]

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments:

References: Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Interview with attorney Hector Soliman, specialist on public issues and director, Justice Reform Initiatives Support Project (JURIS), Sept. 24, 2007, Pasig City.

Peer Review Comments: The judicial system is one of the corrupt institutions in the country. Judgments in the criminal system are often decided by the ability of litigants to "pay justice," so to speak. Cases abound in which innocent people are thrown in jail simply because they do not have the financial resources to hire good lawyers and influence the decisions of judges. Although the Department of Justice has the Public Attorneys Office, which provides lawyers to those people who cannot hire one, its financial limitations have affected the quality of lawyers it can attract to provide free legal services to the destitute. Bribery and corruption are common elements affecting decisions in the criminal justice process.

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments:

References: Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Interview with attorney Hector Soliman, specialist on public issues and director, Justice Reform Initiatives Support Project (JURIS), Sept. 24, 2007, Pasig City.

Peer Review Comments: Corruption in the judicial system has affected the ability of the state to enforce decisions.

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments: "The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof [includes Rules of Court, appointment of judges and employees, etc.]. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members. Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released."

References: Constitution, Art. VIII, Sec. 2-3

www.lawphil.net

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments:

References: Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Interview with attorney Hector Soliman, specialist on public issues and director, Justice Reform Initiatives Support Project (JURIS), Sept. 24, 2007, Pasig City.

Peer Review Comments: I dont see a lot of evidence for the politicization of judges. I do know they are scared and bribed

[ LINK ]

[ LINK ]§ion=61&ccrpage=8

According to reports such as these, lack of resources (and corruption) comprises a bigger threat than politicisation....

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments:

References: Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.=

Rules of Court cover such assignments (www.supremecourt.gov.ph)

Peer Review Comments: A system exists in the judicial system where cases are randomly raffled to determine which case goes to a particular judge. This is quite a fair system. What comes after the distribution of cases is another matter.

Peer Review Comments: I am not convinced given the evidence the reviewer presents that the executive interferes with case allocation. I know USAID is trying to automate the process:

[ LINK ]

In any case, the link provided by the reviewer provides some support that formulas are used to assign cases (at least in law, which is all this question requires).

[ LINK ]

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments: The members of the Supreme Court and judges of lower courts shall hold office during good behavior, until they reach the age of 70 or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon.

References: Constitution, Art. VIII, Sec. 11

www.lawphil.net

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments: The Diagnostic Study, based on a mail referendum of 1,072 judges of all Regional Trial Courts and lower courts, says judges' "physical security is now an important concern, with the great majority saying they need adequate life insurance and a personal firearm."

Dumdum says that one reason for the large number of vacant courts in Mindanao is the resignation of many judges due to death threats.

References: Interview with Evelyn Dumdum, program director of the Program Management Office of the Supreme Court of the Philippines, Sept. 11, 2007, Quezon City.

"New Diagnostic Study Sets Guideposts for Systematic Development of the Judiciary," by Mahar Mangahas, Linda Luz Guerrero and Marlon Manuel, Social Weather Stations, Dec. 6, 2006 (www.sws.org.ph).

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Dumdum says there have been 14 unsolved murders of judges in the last 5 years, and that the issue of corruption is surely involved in some of them. One of the judges murdered was handling the so-called PIATCO case of the scandalously overpriced construction of a new terminal of the Manila International Airport.

References: Interview with Evelyn Dumdum, program director of the Program Management Office of the Supreme Court of the Philippines, Sept. 11, 2007, Quezon City.

"New Diagnostic Study Sets Guideposts for Systematic Development of the Judiciary," by Mahar Mangahas, Linda Luz Guerrero and Marlon Manuel, Social Weather Stations.

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments: There can be possible bias in cases involving Muslims or indigenous peoples. The Philippines is at least 90 percent Christian.

References: Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Interview with attorney Hector Soliman, specialist on public issues and director, Justice Reform Initiatives Support Project (JURIS), Sept. 24, 2007, Pasig City.

Peer Review Comments: Ethnic and racial bias does not refer only to differences in religion. It also refers to differences between the regional identities of those who belong to the same religion -- e.g., between Ilocano and Kapampangan or Visaya and Tagalog. Given the strong regional biases in the judicial system, I would not be surprised if judicial decisions were affected by one's regional affinity.

79b: In practice, women have full access to the judicial system.

Score:

100

Comments:

References: Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Interview with attorney Hector Soliman, specialist on public issues and director, Justice Reform Initiatives Support Project (JURIS), Sept. 24, 2007, Pasig City.

Peer Review Comments: don't see the courts as especially hostile to or biased against women.

Peer Review Comments: There are many gender problems, including lack of women's rights and few women on the bench.

However, I have not seen evidence that women are denied access to the judicial system and, I am unwilling to accept the reviewer's judgment.

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: The Constitution, Art. III, Bill of Rights

www.lawphil.net

Peer Review Comments: The Department of Justice has the Public Attorneys Office.

Peer Review Comments: "If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel."

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: Researcher considers that public defenders are not too well-trained, but that nonetheless indigent defendants are quite pleased to be provided with them.

References: Social Weather Stations Survey Data Bank: 2003 SWS Survey of Public Opinion on the Courts.

Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Peer Review Comments: In interviews with the Secretary of Justice and others, I have learned that the judicial system is scandoulously over-stretched, with low access for poor people.

Peer Review Comments: I do not think that the free legal services are adequate enough. With few exceptions, lawyers in the Public Attorneys Office are not well trained or prepared. Given the poor quality of lawyers, I do not think they can satisfactorily provide good legal advice and assistance to the indigents.

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: Citizens complain more about cost than about any other problem of obtaining court justice. There is a network of alternative law groups that provide legal assistance to the poor and disadvantaged groups in many locations around the country.

References: Social Weather Stations Survey Data Bank: 2003 SWS Survey of Public Opinion on the Courts.

Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Peer Review Comments: The ability to bring a legal suit depends on one's ability to bear the cost of litigation. In the case of middle-income people, it depends on the type of case, as there are cases that require more specialized lawyers (who exact higher professional fees than the generalist lawyers), more witnesses and documents, more time to settle, and more representation. In these cases, one must be ready to pour in more money until a conclusive judicial decision is made (considering that appeals, when necessary, entail costs too). Given that the cost of litigation increases faster than middle-income salaries, even median income earners will find it difficult to sustain a long legal battle in court. Besides, in the Philippine judicial system, one's ability to bear the cost of litigation is directly related to one's ability to obtain justice.

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments: Plaintiffs and defendants come from all walks of life. Citizens complain more about cost than about any other problem of obtaining court justice.

References: Social Weather Stations Survey Data Bank: 2003 SWS Survey of Public Opinion on the Courts.

Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Peer Review Comments: A "small retail business" in the Philippines ranges from a small eatery or variety store on the sidewalk to a convenience store or restaurant, most of which are owned by the middle class. In terms of income, people who are engaged in a small retail business range from those who live on the threshold of the poverty line to those below the high-income bracket. Those who live on the threshold of poverty definitely cannot afford the cost of litigation and seek redress of their grievances outside the legal system, while those who live at the other end of the line (in a higher income bracket) may use the legal system as far as their finances can carry them.

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments: Rural usage of courts is only somewhat lower than urban usage.

References: Social Weather Stations Survey Data Bank: 2003 SWS Survey of Public Opinion on the Courts.

Interview with attorney Marlon Manuel, executive director of Alternative Legal Assistance Center (SALIGAN) Ateneo de Manila University; Sept. 14, 2007, Quezon City.

Peer Review Comments: Due to the high cost of litigation, corruption in the judicial system, and less than fair treatment of people who are marginalized, the courts have become irrelevant to some. Indigenous peoples and Muslims continue to rely on their tribal and native courts to seek redress for grievances, justice, and resolution of conflicts.

Peer Review Comments: I agree only due to the wide range of legal reforms sponsored by Americans, EU and ADB.