NCJ Number
58447
Date Published
1978
Length
5 pages
Annotation
POSSIBLE REFORMS OF THE PHILIPPINE COURT SYSTEM EMPHASIZE THE REDUCTION OF THE NUMBER OF CASES HANDLED BY THE JUDICIAL SYSTEM.
Abstract
THE SCOPE OF THE BACKLOG PROBLEM CAN BE UNDERSTOOD BY LOOKING AT STATISTICS OF JUNE 1975 WHICH SHOWED THAT MUNICIPAL AND CITY COURTS AND COURTS OF THE FIRST INSTANCE HAD AN AGGREGATE BACKLOG OF 50,703; 59,930; AND 80,950 UNDISPOSED CASES, RESPECTIVELY. EFFORTS TO REDUCE THESE BACKLOGS MUST GO BEYOND FAMILAR PROPOSALS OF PRESCRIBING TIME LIMITS AND APPOINTING ADDITIONAL COURT PERSONNEL. THE ADOPTION OF PRE-TRIAL DETERMINATION PROCEDURE MAY LEAD TO THE CLARIFICATION OF THE ISSUES INVOLVED IN COURT CASES WHICH IN TURN COULD LEAD TO SETTLEMENT OF THE CASES OR TO THE DEFENDANTS PLEADING GUILTY. UNIFORM PRELIMINARY INVESTIGATION PROCEDURES SHOULD BE ESTABLISHED FOR BOTH THE FISCALS AND THE MUNICIPAL COURTS. THE PROCEDURE USED IN THE FISCALS SHOULD BE AMENDED AS TO ALLOW CROSS-EXAMINATION IN PRELIMINARY INVESTIGATIONS. THE FISCAL CAN DETERMINE WHETHER THE TESTIMONY WARRANTS THE CASE BEING HEARD BEFORE THE COURTS. A JUDICIAL ACADEMY FOR TRAINING NEW JUDGES AND PROSECUTORS WOULD ALSO PROVE EFFECTIVE IN IMPROVING MANAGERIAL SKILLS. GREATER COORDINATION BETWEEN PROSECUTORS AND COURTS WOULD ALSO HELP MANAGE COURT CASELOADS. THE SUPREME COURT HAS BEEN ACTIVE IN DEVELOPING SUCH PROCEDURES. ADDITIONAL EFFORTS CAN BE TAKEN TO REDUCE THE CASES WHICH REACH THE JUDICIAL SYSTEM. FOR INSTANCE, BARANGAY COUNCILS CAN BE USED TO SETTLE SIMPLE CIVIL AND CRIMINAL CASES THROUGH CONCILIATION AND ARBITRATION PROCESSES. ALSO, EFFORTS COULD BE UNDERTAKEN TO DIVERT OFFENDERS OUT OF THE COURT SYSTEM AND INTO APPROPRIATE COMMUNITY SERVICES. IF THE ADMINISTRATION OF JUSTICE IS TO BE RESTORED AND MAINTAINED THESE NEW ALTERNATIVES MUST BE CONSIDERED. NO REFERENCES ARE PROVIDED. (KCP)