I acknowledge the active participation of my law partner Atty. Myrna C. Mercader in the recently concluded 2007 bench and bar dialog of Las Pinas City, which was spearheaded by the Las Pinas City Bar Assn (LPBA), which we founded in 2001. Atty. Mercader and I are incumbent board consultants of the LPBA.
I thank the incumbent LPBA leaders, especially Chairman Dick Funk and President Melvyn Lagasca for managing the event.
Below is their joint report, which may be useful to legal researchers focusing on judicial reforms in the Philippines.
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Thank you for your kind support to the Bench and the Bar of Las Piñas City, In Re : The 2007 Bench and Bar Dialogue held on November 16, 2007 from 8:00 AM to 5:00 PM at the beautiful Garden/Pavilion of the Senate President Manuel B. Villar and Congresswoman Cynthia A. Villar at BF Resort Village, Las Piñas City with the theme “Uniting the Dispensers of Justice and Advocates of Law”.
It was a successful event, having been attended by 80 participants, guests and support staff consisting of RTC Judges: Hon. Erlinda Alvaro; Hon. Elizabeth Guray; Hon. Joselito Vibandor; Hon. Leopoldo Baraquia; Hon. Gloria Aglugub; Hon. Raul Villanueva; MeTC Executive Judge Marjorie Nolasco; and their respective Clerks of Courts; OCC Atty. Zandro Bato, Chief of Police PSSupt. Armando Clifton Empiso and his deputies, 23 Las Piñas City trial lawyers, 8 City Prosecutors, 2 Public Attorney (PAO), 3 Mediators, 5 Barangay Captains; DSWD, City Jail Wardens, the Parole
Unfortunately, no ranking representatives or senior legal staff from the Office of the Mayor, the Office of the City Legal Office, and the Office of the Vice Mayor (City Council) appeared despite prior notice and invitations. It could have been a good opportunity for the senior heads or representatives of the said Offices to directly hear and act on the various issues and concerns raised during the Dialogue affecting the local criminal justice systems, especially on the call for the creation of a local welfare and coordinating council concerning Juveniles in conflict of law, the creation of the youth training (detention) and rehabilitation center and formulating the policy guidelines and regulations for intervention and diversion program.
The luncheon speaker was the Honorable Cynthia A. Villar, Congresswoman, Las Piñas City, who generously allowed the use of her Garden/Pavilion as the venue of the event and who graciously sponsored the sumptuous lunch for the participants. We thank her for her kindness and support.
That Office of the Vice Mayor Henry C. Medina sponsored the snacks and the free flowing coffee by the Commonwealth Foods Inc., the maker of Café Puro. We thank them for their benevolent assistance.
The LPBA issued individual plaques of appreciation to the sponsors and certificates of attendance to the guests and participants.
A court stenographer had recorded the proceedings. Once the transcript shall have been transcribed and edited, we intend to publish, subject of course to the availability of funds, in book format, the proceedings of the 2007 Bench and Bar Dialogue for the future reference of the various pillars of the local criminal justice system.
The main concerns raised during the dialogue referred to the following:
I.
JAIL DECONGESTION
(CITY JAIL, PNP AND DSWD HOLDING FACILITY)
According to the report submitted it was only in March 2005 that the control and supervision of female inmates was segregated from the male. Since then, the female inmates are supervised by female wardens and other female staff.
In October 2006 with the newly constructed jail became the present shelter of detained males and females. The female dorm presently occupies the second floor and has three (3) cells. Only two (2) of these cells are utilized as confinement one. While the other one is use as multipurpose hall/visiting area.
Las Piñas City Jail Female Dorm has a total population of sixty-five (65) detainees. Majority of the cases are drug related while the rest are broken down to offenses such as theft, robbery, estafa/illegal recruitment, homicide, murder and kidnap-for-ransom.
In jail population it appears from the draft submitted that the number of confined inmates was highest in 1976 and has seemer down to almost equal that of 1969.
According to the Data on Commit and Release apparently this year July appears to be the highest, there being six (6) of them and the lowest being February, March, April and May with two (2) of them released.
In Crime Index violation of 6425 and 9165 is 67% while theft is 13% and others including robbery, homicide and murder 15%.
The age profiles of inmates for 90-30 is 20; 31-40 is 34; 41-50 is 7; 51-60 is 4; 61-70 is 2.
The following were listed as problems in the operation of the Las Piñas City Jail:
1. Lack of water supply
2. Lack of medicines
3. Lack of bunks and plywood
4. Unavailability of tent, chairs and tables in the visiting area for use of inmates and their visitors
5. No vehicle for use of inmates during court hearings
6. No sound systems to be used during activities
Decongestion is still a problem, the following have been considered the causes of said jail decongestion:
1. Numerous court vacancies;
2. Delays in the trial of cases and rendition of judgments;
3. Lack of means or financial capacity to pay bail aggravated by the practice of bonding agents to jack up premium of bail bonds; and
4. The lack of, in not inadequate legal representation (the single biggest factor of jail decongestion).
The Integrated Bar of the
Report and recommendation by the volunteer paralegal of the identified soon to be released detention prisoner to the IBP-NCLA legal aid lawyer who shall then select the detention prisoner qualified to undergo the reintegration stage of the JDP.
Coordination with the Jail Warden of the selected jails on the date and venue for the reintegration activity for the selected detention prisoners.
Coordination with various NGOs involved with social reintegration projects.
Identification and coordination with the psychologists to conduct the counseling of selected detention prisoners and the trainors who will conduct livelihood training.
Conduct psychological exam and evaluation, and the counseling of selected detention prisoners.
Conduct of crash course on livelihood project or any societal reintegration endeavor by the trainors.
Distribution of provisions for incidentals for the selected detention prisoners.
Release of overstaying detention prisoners.
The report likewise submitted for the consideration of the five (5) pillars of the justice system, consisting of law enforcement system, prosecution system, court system, correction and penal system, and the community integration system, the inmates welfare and development suggesting the following:
Livelihood projects such as Christmas Card Making, Sewing, Beads Accessories, Painting, Picture frame making, and Carpentry.
Community Relations such as: School Visits, Institute of Integrated Electrical Engineers.
Non-Formal Education/Vocational & Skills Training: Elementary & High School
Religious Activities such as: Catechism, Bible Study, Novena/Rosary, Holy Mass, Religious Meeting, and Recollection.
Sports & Recreation such as: Volleyball, Basketball, Table Tennis, Scrabble, Chess, Game of the General, and other activities.
II.
PHILIPPINE
AND ALTERNATIVE DISPUTE RESOLUTION
MEDIATOR RUBEN SY SUBMITTED THE FOLLOWING REPORT:
“Performance:
Over the past 12 months, there are 978 cases referred by the Courts to the Philippine Mediation Center for mediation.
Over the past 12 months, there are 534 cases successfully mediated out of 978 cases referred for mediation (per docket referral). A total of 182 cases were failed mediation or unsuccessful and 212 cases or equivalent to 22% of the total cases referred to PMC for mediation were returned to court without any action due to a) non-appearance of one or both of the parties (accounting for 84% incidence for back to court cases), b) refusal of the parties to mediate (15%) and c) lack of authority of the representative and non-mediateable cases (1%).
To sum up, 75% of cases mediated over the past 12 months period (November 2006 to October 2007) are successfully mediated while 24% were failed mediation. This is an improvement over the October 2005 to October 2006 performance of 66% success rate – with 410 cases successfully mediated out of 694 referred cases.
Current Problems:
Non-appearance of one or both of the parties for mediation, accounting for 84% of the total back to court cases (total of 212 back to court cases). Mathematically, at 75% rate of success in mediation, this could have been an additional reduction of 159 cases in the dockets of the Courts in Las Piñas over the past 12 months – had all the cases referred to PMC were mediated.
Another problem is on the BP22 cases. There are complainants who file only 1 case for 1 bounced check out of the several bounced checks in their possession. When they appear for mediation, they want to include in the discussion the settlement for all the other bounced checks that were not filed in court. This is to save on cost of filing fee and mediation fee. As a result, some lawyers are now questioning the concionability of the compromise agreement especially when it comes to enforcement of the compromise agreement through a Writ of Execution.
Suggested Solutions:
On problems related to non-appearance of the parties in mediation, court sanction against the absent party must strictly be implemented. Sanction must be similar to the court sanctions implemented by the court to the absent party on pre-trial, mediation being part of pre-trial.
On the problem regarding the BP22 cases mentioned above, there must be a common stand between the Court, the Prosecutors and the Lawyers taking into consideration the interest of both parties. The less checks filed, the smaller the amount of filing fees and mediation fees to be paid by the complainant. Since all of the expenses incurred by the complainant related to filing the case in court are charged against the accused, reducing the incidental expenses related to the case will somehow also benefit the accused.”
III.
ACCESS TO JUSTICE BY THE POOR
AND FREE LEGAL AID
The Public Attorney’s Office (PAO) expressed the view that with the number of criminal and civil cases they are handling the office really needs the assistance of Las Piñas City Bar Association, Inc. as in fact, a committee has been organized for that purpose and the members thereof has been extending their legal assistance to Las Piñas City residence faced with either criminal or civil litigation. More funding is required in the PAO to make the office more viable specially in employing the services of really competent and dedicated lawyers.
IV.
INSPIRATIONAL MESSAGE
In the inspirational message delivered by Congresswoman Cynthia A. Villar she reported the speedy passage of major bills affecting measures to suppress the trafficking of women and minors with stiffer penalties to violators. This is now R.A. 9208
V.
The Statistical Data of WCPD Cases for 3rd quarter, 2007 of the Las Piñas City Police Station shows the following:
| CASES | TOTAL CASES | FILED IN CRT | REF | SETTLED | RECORD PURPOSE | UNDER INVEST | TOTAL ARRSTD |
CASES ON WOMEN
| RAPE | 05 | 02 | 02 | 01 | | | 01 |
| ATTEMPTED RAPE | 01 | 01 | | | | | |
| SEXUAL ABUSE | 01 | | | | 01 | | |
| UNJUST VEXATION | 05 | 02 | | | 03 | | 02 |
| ACTS OF LASCV | 04 | 03 | | 01 | | | 01 |
| PHYSICAL INJURY | 17 | 12 | 03 | 01 | 01 | | 02 |
| ABDUCTION | 02 | 01 | | | 01 | | 01 |
| TRESSPASS TO DWELLING | 01 | 01 | | | | | |
| QQUALIFIED THEFT | 01 | 01 | | | | | |
| ROBBERY | 02 | 01 | | | 01 | | |
| ORAL DEFAMATION | 03 | 03 | | | | | 01 |
| THREATS | 04 | 02 | | | 02 | | |
| MALTREATMENT | 02 | | | | 02 | | |
| VIOL OF RA 9262 | 178 | 41 | 01 | 03 | 33 | | 08 |
| TOTAL | 226 | 70 | 06 | 06 | 44 | | 16 |
CASES ON CHILDREN
| RAPE | 20 | 09 | 10 | 01 | | | 05 |
| ACTS OF LASCV | 05 | 04 | 01 | | | | |
| UNJUST VEXATION | 01 | | | 01 | | | 01 |
| SEXUAL ABUSE | 03 | 03 | | | | | 01 |
| PHYSICAL INJURY | 20 | 15 | | | 05 | | 01 |
| VIOL OF RA 7610 | 09 | 06 | | 01 | 02 | | 02 |
| ABDUCTION | 01 | 01 | | | | | |
| SEDUCTION | 03 | 02 | 01 | | | | |
| QUALIFIED THEFT | 01 | | 01 | | | | |
| KIDNAPPING | 01 | 01 | | | | | |
| FAILURE TO RETURN A MINOR | 01 | 01 | | | | | |
| MALTREATMENT | 04 | 02 | | | 02 | | |
| ABANDONMENT/NON-SUPPORT | 01 | 01 | | | | | |
| TOTAL | 70 | 45 | 13 | 03 | 09 | | 10 |
| GRAND TOTAL | 296 | 86 | 19 | 09 | 53 | | 26 |
Note: Number of counseling conducted: Six Hundred Eighty Five (685)
RECAP OF VIOL OF RA 9262 CASES FOR 3RD QTR 2007
| CASES | TOTAL CASES | FILED IN CRT | REF | SETTLED | RECORD PURPOSE | UNDER INVEST | TOTAL ARRSTD |
| PHYSICAL INJURY | 30 | 18 | | 02 | 10 | | 06 |
| ABANDONMENT/NON-SUPPORT | 13 | 09 | | | 04 | | |
| CONCUBINAGE | 05 | 02 | | | 03 | | |
| MALTREATMENT | 11 | 04 | | | 07 | | |
| BIGAMY | 02 | 01 | 01 | | | | |
| THREATS | 10 | 03 | | | 07 | | |
| VIOL OF RA 9262 | 07 | 04 | | 01 | 02 | | 02 |
| TOTAL | 178 | 41 | 01 | 03 | 33 | | 08 |
VI.
PROPOSED RESOLUTIONS
Past President and Chairperson of the Las Piñas City Bar Association, Inc., Atty. Myrna Mercader submitted the following resolutions:
1. A resolution to express LPBA’s vehement protest against the red-handed travesty of the security and independence – if not the sacredness of the court, as what had happened to Atty. Rebecca Manuel Basa and her client who both, according to the newspapers reports, were both gunned down by a disgruntled respondent-husband right in the premises of the RTC Branch 199 on November 15, 2007 at about 10:00 a.m.
2. A resolution demanding the immediate designation of competent security guards or police officers for all the courts in Las Piñas City to avoid and prevent the happening of any similar incident which transpired in the sala of Judge Joselito DJ. Vibandor, RTC Branch 199 wherein a lawyer and her client were both killed by a gunman right inside the court premises on November 15, 2007 at about 10:00 a.m.
3. A resolution reminding the government body and public officials concerned for the speedy completion of two (2) family courts in Las Piñas City – RTC Br. 199 and RTC Br. 254 – and the completion of the construction of the Las Piñas Justice Hall which has been put on hold allegedly for lack of funds.
With respect to the principal part of the proceedings the following proposed resolutions were also made by Atty. Myrna Cueva-Mercader, to wit:
i. To urge, request and/or petition the Office of Congresswoman Villar, the Office of the Mayor of Las Piñas City, as well as the Office of the Sangguniang Panglungsod, to create a coordinating body or a council that shall take care of the implementation of R.A. 9262 and 9344 vis a vis or with the end in view of being able to construct a youth center that shall serve as a training center for the children in conflict with the law – whether victims, child victims, as well as homeless street children. Because these two need separate and independent prognosis and treatment. Also, for the formulation, design of the intervention programs as mandated in the law, as well as formulation of diversion policies including disposition on cases. This, to be addressed to the Office of the Congresswoman, Office of the Mayor and Office of the Sangguniang Panglungsod;
ii. To urge, request and petition the Office of the Sangguniang Panglungsod of Las Piñas City to allocate/appropriate 1% of the IRA to fund the implementation of R.A. 9262 and R.A. 9344;
iii. To urge, petition/request the BJMP National, as well as the COA for the review and evaluation of the definition of a commitment order, with end in view or to be able to accommodate for basis of funding and budgeting the commitment order or advise that the Prosecutor service is mandated to issue;
iv. To urge the Office of the Sangguniang, in conjunction with the Office of Congresswoman Villar, to provide the PNP, Las Piñas with bigger UI detention cells – screening from the report that on daily basis, given the number of crimes investigated, that they are always congested; and,
v. To recommend and adopt for purposes of the Supreme Court, copy furnished Congresswoman Villar and the judiciary, the recommendations of the Philippine Mediation Center, to wit:
(a) With respect to non-appearance of the parties in mediation that a court sanction against the absent party be imposed as provided by the Rules of Court on Pre-Trial involving absent parties during pre-trial;
(b) Regarding the BP22 cases referred to it for mediation that a common stand between the Court, the Prosecutors and the Lawyers taking into consideration the interest of both parties. The less checks filed, the smaller the amount of filing fees and mediation fees to be paid by the complainant. Since all of the expenses incurred by the complainant related to filing the case in court are charged against the accused, reducing the incidental expenses related to the case will somehow also benefit the accused; and finally,
vi. To endorse the requirement for funds of the Parole Probation Office for additional funds being endorsed to the Office of the Congresswoman, as well as Office of the Mayor and Office of the Sangguniang Panglungsod.
Atty. Richard V. Funk, Chairman of the LPBA likewise submitted a resolution to express the Association’s gratitude to the pillars of the justice system of Las Piñas City, to the members of the Las Piñas City Bar Association, the Integrated Bar of the Philippines – Pasay, Parañaque, Las Piñas, Muntinlupa Chapter, the Office of the Executive Judge with special commendation to RTC Judge Joselito DJ. Vibandor and MTC Judge Marjorie Nolasco who both attended the entire proceedings of the Bench and Bar Dialogue, the Heads of the pillars of justice system of Las Piñas City and the Office of the Court Administrator of the Supreme Court for the successful and productive conduct of the 2007 Bench and Bar Dialogue of Las Piñas City, the 16th day of November, from 8:00 to 5:00 o’clock p.m. BF Resort, Las Piñas City.
We sincerely hope and pray that in the future Annual Dialogues of the Las Piñas City Criminal Justice System, which intends to explore and discuss reforms and improvements in the local criminal justice system, the officers of all the pillars of the local criminal justice system will continue to actively participate and share their time and resources for the good of the people of Las Piñas City.
The Bar will continue to look up to the Bench, the Congresswoman, the City Mayor, and the Vice Mayor (City Council) to support and inspire the efforts of the various pillars of the Las Piñas City Criminal Justice System to be more pro-active, institute innovative reforms and improve itself for the good of the Las Piñas constituents.
The officers of the LPBA will sit down with the RTC and METC Executive Judge, the RTC Judges of the Family Courts and the heads of the other justice pillars to conduct follow-up meetings and discussion on the aforecited concerns and issues affecting the local criminal justice system.
It is the desire of the LPBA, the working arm and link of IBP within Las Piñas City, to make the Las Piñas City Criminal Justice System an excellent model of unity, effectiveness, competence, and ethical standards for other provinces, cities and towns in the country to follow and emulate.
The success of the 2007 Bench and Bar Dialogue would not have been achieved without the close cooperation of the Bench, the Bar, the LGU, the Congresswoman of Las Piñas City, and the other pillars of the Las Piñas City Criminal Justice System.
We hope you will find the foregoing REPORT useful and informative for whatever legal, administrative and policy purposes it may serve.
Thank you and God Speed.
Sincerely yours,
Atty. MELVYN R. LAGASCA
LPBA President 2007-2008
Atty. RICHARD V. FUNK
LPBA Chairman 2007-2008
Cc: Office of the Court Administrator, Supreme Court
Integrated Bar of the
LPBA Board of Directors
Dept. of Social Welfare and Development
Pillars of the LPC Criminal Justice System
RTC Judges
File