Judicial reform - Seniority and collegiality | Inquirer Opinion

Seniority and collegiality | Inquirer Opinion

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"Clogged dockets. In a speech while still acting chief, Carpio said: “The number one problem of the judiciary is clogged dockets, arising from delays in trial, and delays in deciding cases.” To solve this difficulty, he proposed the full implementation of the “computerized case management (CCM) system” envisioned in the “Action Program for Judicial Reforms” of CJ Davide.

The CCM system will “monitor online, and in real time, the caseload, [their] aging, and the rate of disposition of any judge or justice. The public can find out the status of cases by simply going to the website of the court.” The Court of Appeals (CA) implemented this system. “Right now, a litigant… can go to the CA website, type his case number, and instantly, he will know if a decision or resolution has been issued, and if one has been issued, he can download a copy.” Indeed, if the CA has done it, then the other courts can do it, too.

Carpio added: “The present trial procedure, which is obsolete, cumbersome and time-consuming, is the principal factor for the clogged dockets… The way forward is to adopt a simplified trial procedure… ” through the use of affidavits in lieu of direct examination (I discussed this in an earlier column), to limit “objections to questions” and to prohibit “demurrer to evidence, motions to dismiss, motions for bills of particulars,” and other tactics that are often used to delay.

According to him, Congress should pass a law that “makes appointment to trial courts by level of court, not by specific branch. Right now, a [metropolitan trial court] judge who wants to transfer as an MTC judge to a neighboring city or municipality must go through another appointment, as if he were applying for the first time.” This is too cumbersome. “The Supreme Court should be able to assign and reassign judges within the same court level based on the caseload of courts, and the need for lateral advancement of judges.”

Collegial reforms. Carpio also suggested that “the number of courts in a locality must follow a judge-to-population ratio. Manila, with a population of 1,652,171, has 30 first-level courts, or a ratio of one first-level judge for every 55,072 residents… Taguig, with a population of 644,473, has only one first-level court, or a ratio of one first-level judge for 644,473 residents. This disparity is reflected in the caseloads of first-level courts: in Manila, the average caseload is 242 cases per first-level judge… and in Taguig 1,161 cases per first-level judge. Clearly there is a need to re-engineer the distribution of courts in relation to population to insure an equitable distribution and faster disposition of cases.”

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By Former CJ A. Panganiban

See - http://opinion.inquirer.net/37748/seniority-and-collegiality