"xxx.
Court vacancy and its its impact to the administration of justice
Court vacancy in the Philippine Lower Courts is a silent menace to the administration of justice. Of the total 2,692 courts authorized by the Philippine Congress, as of September 1, 2021, a total of 308 courts were vacant nationwide (see table). An additional 143 courts are "unorganized" and another 120 judges were "retired", thus resulting to 21% of the courts nationwide being unoccupied. This is particularly acute in the Shariah Courts were 57% of its courts are unoccupied.
Based on my continuing research, it takes at least a year, on average, for court vacancies to be filled up (anectodal reports show that some courts can be vacant for four years). When courts are vacant, hearings are usually postponed. While judges in other courts are paired to the vacant courts as a stop-gap solution, still there is a limited number of hearing days (a judge can only attend to one court hearing at a time), thus leading to inadvertent delays.
In the Regional Trial Courts, where many of the accused in criminal cases are detained, the impact to the administation of justice is severe. Regional Trial Courts, especially in the urban areas, can have as many as 1,000 criminal cases. Using a very conservative estimate that each court has 100 (or 10 percent) of the accused are detained, and each of these accused will languish in jail for a year while waiting for a new judge to be appointed, translates to: 119 vacant courts X 100 accused per vacant court X Php 70.00 for food budget per day per inmate X 365 days of vacancy until the position is filled equals a staggering PhP304,045,000.00 budgetary cost. This PhP304 Million lost on food budget alone is a huge drain to the national coffers. Moreso, this is just the tip of the iceberg: it does not include the other type of courts like Metropolitan Trial Court where many of the accused also stay in jail due to indigency to post bail. Additionally, the human cost of delayed hearings, such as overcrowding in the jails and detention centers, and their eventual exposure to the criminogenic influences of incarceration, makes court vacancy a sillent menace to the Philippine administration of justice.
Proposed solution:
The Judicial Bar Council (JBC) should develop a list of "Judges in Waiting" where meritorious applicants are vetted and selected. The list will be submitted to Malacanang where the President serves as the appointing authority. While waiting for their appointments, the "Judges in Waiting" must undergo rigorous training on court management.
Courts are vacant usually when judges retire, get promoted, resigned or they meet an untimely death. My continuing research suggests that on average, 3 to 5 judges retire every month. Thus, the JBC can easily anticipate the court vacancies 6 months in advance, such that when the courts are vacant, a judge in waiting can take over the following day.
While the JBC currently vets and selects applicants and endorse their applications in Malacanang; those who were not eventually appointed by the President will resubmit their applications and undergo the same rigorous process. For example, 6 names are submitted to the President for final appointment in one vacant court, only one will be successfully chosen, and the 5 will have to resubmit their application to the next round. Applicants from the provinces have to travel to Metro Manila every time they undergo exams and interviews, which adds to the burden of the applicants. Precious resources from the JBC are also spent in developing the list. My ongoing research suggest that once vetted and selected by the JBC, they should be considered judges in waiting. Their names should be automatically resubmitted to the President.
If this proposal is accepted, I guarantee that the Philippine government will save at least PhP 304M a year. This savings can buy tons of sugar that may help our countrymen and women overcome the pains of inflation. It can also be used in building new schools and hospitals.
It is a simple solution to the silent menace posed by court vacancies."
- Atty. Raymund Narag
Court vacancy in the Philippine Lower Courts is a silent menace to the administration of justice. Of the total 2,692 courts authorized by the Philippine Congress, as of September 1, 2021, a total of 308 courts were vacant nationwide (see table). An additional 143 courts are "unorganized" and another 120 judges were "retired", thus resulting to 21% of the courts nationwide being unoccupied. This is particularly acute in the Shariah Courts were 57% of its courts are unoccupied.
Based on my continuing research, it takes at least a year, on average, for court vacancies to be filled up (anectodal reports show that some courts can be vacant for four years). When courts are vacant, hearings are usually postponed. While judges in other courts are paired to the vacant courts as a stop-gap solution, still there is a limited number of hearing days (a judge can only attend to one court hearing at a time), thus leading to inadvertent delays.
In the Regional Trial Courts, where many of the accused in criminal cases are detained, the impact to the administation of justice is severe. Regional Trial Courts, especially in the urban areas, can have as many as 1,000 criminal cases. Using a very conservative estimate that each court has 100 (or 10 percent) of the accused are detained, and each of these accused will languish in jail for a year while waiting for a new judge to be appointed, translates to: 119 vacant courts X 100 accused per vacant court X Php 70.00 for food budget per day per inmate X 365 days of vacancy until the position is filled equals a staggering PhP304,045,000.00 budgetary cost. This PhP304 Million lost on food budget alone is a huge drain to the national coffers. Moreso, this is just the tip of the iceberg: it does not include the other type of courts like Metropolitan Trial Court where many of the accused also stay in jail due to indigency to post bail. Additionally, the human cost of delayed hearings, such as overcrowding in the jails and detention centers, and their eventual exposure to the criminogenic influences of incarceration, makes court vacancy a sillent menace to the Philippine administration of justice.
Proposed solution:
The Judicial Bar Council (JBC) should develop a list of "Judges in Waiting" where meritorious applicants are vetted and selected. The list will be submitted to Malacanang where the President serves as the appointing authority. While waiting for their appointments, the "Judges in Waiting" must undergo rigorous training on court management.
Courts are vacant usually when judges retire, get promoted, resigned or they meet an untimely death. My continuing research suggests that on average, 3 to 5 judges retire every month. Thus, the JBC can easily anticipate the court vacancies 6 months in advance, such that when the courts are vacant, a judge in waiting can take over the following day.
While the JBC currently vets and selects applicants and endorse their applications in Malacanang; those who were not eventually appointed by the President will resubmit their applications and undergo the same rigorous process. For example, 6 names are submitted to the President for final appointment in one vacant court, only one will be successfully chosen, and the 5 will have to resubmit their application to the next round. Applicants from the provinces have to travel to Metro Manila every time they undergo exams and interviews, which adds to the burden of the applicants. Precious resources from the JBC are also spent in developing the list. My ongoing research suggest that once vetted and selected by the JBC, they should be considered judges in waiting. Their names should be automatically resubmitted to the President.
If this proposal is accepted, I guarantee that the Philippine government will save at least PhP 304M a year. This savings can buy tons of sugar that may help our countrymen and women overcome the pains of inflation. It can also be used in building new schools and hospitals.
It is a simple solution to the silent menace posed by court vacancies."
- Atty. Raymund Narag
Xxx."
Source -
https://www.facebook.com/583279973/posts/pfbid05x24vZZnUEfedDNG2KS7APVk6bkT4qFbGFJmuE8vtQJVYau6QUYiPrTiktNGn4owl/
Source -
https://www.facebook.com/583279973/posts/pfbid05x24vZZnUEfedDNG2KS7APVk6bkT4qFbGFJmuE8vtQJVYau6QUYiPrTiktNGn4owl/
