Judicial Affidavit Rule: Three Reforms to Speed Up Justice Essay

To rush up the bringing of justness. three important reforms were instituted late: ( 1 ) the “Judicial Affidavit Rule. ” ( 2 ) the make fulling up of all judicial vacancies. and ( 3 ) the stabilisation of judicial compensation.Judicial affidavit. To ease instance congestion and minimise holds in the test tribunals. the Supreme Court promulgated on Sept.

4 ( to take consequence on Jan. 1. 2013 ) the Judicial Affidavit Rule.

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Under this new system sponsored by two high tribunal commissions headed by Justices Antonio T. Carpio and Roberto A. Abad. informants will no longer be examined via boring and drawn-out inquiries and replies to secure their direct testimonies.Alternatively. the parties shall subject affidavits in a linguistic communication known to the informant.

accompanied by their interlingual rendition in English or Filipino. The inauspicious party shall. nevertheless. retain the right to cross-examine the informants on their affidavits and on the exhibits or paperss attached or annexed thereto.This regulation shall be applied in all civil instances every bit good as in condemnable instances “where the upper limit of the imposable punishment does non exceed six old ages. ” or “where the accused agrees to the usage of judicial affidavits. irrespective of the punishment involved.

”The Supreme Court observed that a “piloting ( of the regulation in Quezon City ) rapidly resulted in reduction by about two-thirds the clip used for showing the testimonies of informants. ” And if I may add. affidavits have long been used in preliminary probes of offenses in the prosecutors’ offices.

In these proceedings. cross-examinations are non even conducted by the inauspicious parties. but “clarificatory inquiries. ” when needed. may be asked by the prosecuting officers. non by the opposing advocates. The consequence is a much faster temperament of instances.

Trial tribunal vacancies. Sen. Franklin Drilon discovered. during a recent hearing of the Senate commission on finance he heads. that 591 test tribunals. or about 26 per centum of all “organized” test tribunals. are vacant. No admiration instance congestion and holds plague the system.

he concluded.He observed that these vacancies were funded in the national budget. But the money allocated for them were saved. “realigned” and disbursed as extra compensation for sitting Judgess and tribunal forces. In add-on.

docket fees were increased and used besides to back up extra judicial allowances called SAJ ( “Special Allowance for Judges” ) . In the yesteryear. these “realignments” and usage of SAJ annoyed dealingss between the Supreme Court on the one manus.

and Malacanang and Congress on the other. In response to Drilon. Chief Justice Maria Lourdes P. A. Sereno. who now chairs the Judicial and Bar Council. agreed to rush the short list for all vacancies to enable President Aquino to make full them up such that by 2015. the full judicial machinery would be to the full working.

which besides means there will be no more “savings” to augment judicial compensation.Stabilizing judicial compensation. To work out this “no-more-savings” job. the executive subdivision represented by Budget Secretary Florencio “Butch” Abad and the legislative subdivision represented by Drilon ( Senate finance commission chair ) and Cavite Rep. Joseph Emilio Abaya ( House appropriations commission chair ) agreed. during a private meeting I hosted. to supply adequate financess from the national exchequer to retain and stabilise the present compensation of Judgess.

as follows:Regional test tribunal judges—P128. 198. 66 a month. composed of P73. 099 basic salary plus P29. 766. 66 allowances and P25. 333 SAJ ; metropolitan test judges—P119.

209. 66 composed of P67. 684 basic plus P27. 166. 66 allowances and P24.

359 SAJ ; and municipal test judges—ranging from a sum of P110. 925. 33 to P102.

612. 33 a month.These three reforms are interrelated. The first will significantly shorten the existent clip for tests. The 2nd will increase the figure of Judgess by more than 25 per centum. And the 3rd will assist raise the quality of Judgess by luring unsloped and competent attorneies to fall in the bench through a more stable compensation system.

Stable and equal compensation will besides assist Judgess defy indecorous proposals from litigators.Of class. many more extremist reforms are needed. Besides. some complicated pending judicial proceedings.

like the Ampatuan multiple-murder instances. require particular attending. I will compose on them subsequently. But for now. these three reforms make good beginnings.