Clogged courts and jails

A modern, democratic, free society exists through the rule of law. Which provides the framework within which a society can function harmoniously, and the people are protected. A police force is created to ensure adherence to those laws. And a court system is established to penalize wrongdoers ensuring they don’t hurt society any further than they already have.

Business relies on these laws to ensure it can operate within known guidelines.

A problem this system has created though (worldwide) is the “ambulance chasers”, the lawyers that see a bit of money in convincing someone to sue. We are now in a world where accidents don’t happen. It’s always, according to the ambulance chasers, the fault of someone and that someone must be sued. So they do.

Courts are clogged with cases they shouldn’t entertain; thousands, nay tens of thousands to a point beyond the capacity of the courts to handle. And more thousands are in jail when they shouldn’t be. Either they are there on non-bailable offences, or for accusations, no rational person would accept. This is a first area where the courts could improve: Be discretionary. Throw out frivolous cases. And start by releasing all in jail who couldn’t pay bail, yet have been in jail longer than their term—if found guilty. Stop all this bureaucratic and legalistic nonsense just release them. NOW.

Based on the latest available data, there are currently some 1.2 million cases in the nation’s courts. With only around 1,620 judges to judge upon them. That’s, on average, 741 cases per judge. Historically, the average period in which to decide upon a case has been two to three years for minor cases, 10 years for major ones. This means if a judge presides in the courtroom for about 251 days (the national average), it would take more than 3 years to clear his/her docket. New cases are being added daily.  It took our court system 20 years to resolve the Vizconde massacre. In many instances it’s taken far, far longer. Particularly if you are without influence. The Maguindanao massacre, the worst election-related violence in Philippine history is still pending in courts, 7 years later and far from resolution.

Civil cases are just as poorly treated by the courts. I have a case in court as to who owns a piece of land. It’s been 21 years now, yes 21, and the judge still hasn’t decided.

The courts are clogged with cases that shouldn’t even be in the courts. Time to use intelligent discretion.

As of April 2016, the Supreme Court has nearly 8,000 cases. Section 15, Article VIII of the Constitution states: “All cases or matters filed after the effectivity of this Constitution must be decided or resolved within 24 months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, 12 months for all lower collegiate courts, and three months for all other lower courts.” That so many cases take far longer than this is a violation of the Constitution.

As to the jail system, it’s a national disgrace. Have you seen the pictures? Men crowded together in conditions I wouldn’t even make an animal suffer. I think I read the budget for meals is a measly P60/day. The whole system is inhuman, in need of proper funding and major rehabilitation of the infrastructure, and the system.

I firmly believe that the Supreme Court should, as I’ve argued before, only accept cases that challenge the Constitution or can set important precedents.

It’s a court system in need of a major overhaul. The Chief Justice, Maria Lourdes Sereno acknowledges all this and is working hard to resolve it. But she needs money, a leap frog jump in it. Without it, one can’t even pretend to aspire to court efficiency. Money is also needed to attract more to become judges—with a salary more commensurate with their position. It’s planned, it’s started but there’s miles to go and bridges to cross. And the whole system needs digitization which is being done.

In the meantime, we have a court system that is not adequately providing the legal support a society needs. .> > TOP