May 25, 2007, The Philippine Star, Corruption hindering justice in RP – Transparency Int’l, by Jose Katigbak,

May 25, 2007, The Philippine Star, Corruption hindering justice in RP – Transparency Int’l, by Jose Katigbak, 

Corruption hindering justice in RP – Transparency Int’l

By JOSE KATIGBAK

The Philippine Star

WASHINGTON — Corruption is undermining justice in many parts of the world, including the Philippines, denying victims and the accused the basic right to a fair and speedy trial, Transparency International (TI) said in its Global Corruption Report 2007.

It said in the Philippines on average, it takes five to six years to resolve an ordinary case in a trial court. If it goes to appeal, a further six years could elapse before a final verdict is received.

The report, which includes 37 country case studies, was released on Thursday following press conferences in Washington, London and Nairobi.

TI, a global coalition against corruption, said it chose to focus on the judiciary this year because judicial corruption blocks access to justice, hampers economic development, erodes human rights and undermines trust in the institutions of justice.

The report brings together notable scholars, judges and civil society activists from around the world to examine how corruption mars judicial processes and what reforms can be made to help remedy a corruption-tainted system.

The chapter on the Philippines, written by Judge Dolores Español, said severe hindrances to the smooth delivery of justice in the country included political interference, lack of transparency in the judiciary, backlog of cases, lack of monitoring and inadequate salaries and facilities.

Español said that while no formal study has been made on corruption in the judiciary, the public perception is that corruption does exist.

She cited several cases illustrating political interference at the highest levels, including the so-called "calibrated preemptive response (CPR)" against mounting opposition rallies.

This was an executive order imposed by President Arroyo in September 2004 which limited fundamental freedom of speech, freedom of assembly, and the freedom to seek redress and air dissent against abuses by the government, an order struck down by the Supreme Court.

Español said the judiciary in the Philippines has historically received a minute share of the annual budget, equivalent to 0.6 percent, which translates to low pay and poor working conditions.

As a result, the most competent lawyers tend not to apply for vacancies in the judiciary, while many sitting judges abandon the institution for the private sector.

She said efforts have been made to reform the judiciary but a major obstacle to automation of court records and other processes is the shortage of telephone lines, which exists even in Cavite, only 17 kilometers from Manila.

The shortage of telephone lines seems ironic in a country where mobile phone technology is more advanced than in the United States.

Español praised the work of some 30 non-government organizations (NGOs) engaged in the fight against corruption in the Philippines.

She said non-profit media agencies and alliances such as the Philippine Center for Investigative Journalism and the Center for Media Freedom and Responsibility also play a crucial role in scrutinizing and enhancing judicial accountability.

Last year the Philippines tied with eight other countries, including Russia, in 121th place among 163 countries ranked in TI’s corruption perception index (CPI). Haiti was at the bottom of the pack.

CPI ranks countries in terms of the degree to which corruption is perceived to exist among public officials and politicians and reflects the views of businessmen and analysts from around the world, including experts resident in the countries evaluated.