Judicial Reformation: A promising government move

Judiciary is one of the three great branches of the government which is tasked to interpret the laws, settle actual disputes and to administer justice. These tasks are delegated to the Judiciary by virtue of separation of powers enshrined in the 1987 Philippine Constitution. The Judiciary includes the Supreme Court, special courts and other lower courts. More so, Associate Justice Carpio said in one of his speeches, “Judiciary is only one of the pillars of the broader justice system that includes the community as well as the agencies of the Executive branch.”[1]

 

Every day, each branch of the government is faced with tremendous issues and one of the enormous problems confronting the judiciary is docket congestion. Many of those who come to the court would not understand why it takes a long time for their cases to be resolved. This is one possible explanation why cases are dragging on.

Often we hear the line: “justice delayed is justice denied.” This dilemma regarding docket congestion is one reason why there is slow administration of justice in the country. Other reasons would be failure of the prosecutor or public defendant to attend the hearing, absence of the witnesses, quality of court services, lack of judges and the use of regular judges as acting judges which has been proven to be unproductive because they do not have sufficient time to devote to the cases in vacant or congested courts since they have their respective salas to attend to.[2]

This dilemma in one way or another leads to infringing people’s right to speedy disposition of their case. “All persons shall have the right to speedy disposition of the cases before all judicial, quasi –judicial, or administrative bodies.”[3] This Constitutional provision mandates a speedier dispensation of justice and guarantees the right of all persons to a speedier disposition of their case; this includes the periods before, during and after trial.[4] Clogged dockets impair social justice, hinder economic development, and erode public confidence in the Justice System and ultimately in the entire government.[5]

Public office is a public trust and the Judiciary is mindful to their duties to the public as regards docket congestion dilemma. The solution to clogged dockets is a combination of measures to address case management, performance, procedure, case filtering, personnel and judge-population issues.[6]

There are wide array of dilemma facing the Judiciary. Another is upholding the integrity, independence and competence amongst the judges and justices. [7] There is a certain high form of standard expected form the vanguard of justice…of law and it is a Constitutional mandate that they possess such qualities and standards. 

Judicial reformation is indeed a necessary movement to be taken by the government as well as its people. Not only will it lead to the improvement of court services, but will advance the economical development of the country as well.

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[1] www.ibp.ph/PDF/IBP Speeches/Justice Carpio.pdf

[2] HB 2712, An Act Amending Batas Pambansa 129

[3] Sec.16 Art. III of the 1987 Constitution

[4] Coscolluela vs. Sandiganbayan, G.R. 191441, July 15, 2013

[5] Id.

[6] Id.

[7] Id