THE fiscal constraints being experienced by the judiciary is hindering the better administration of justice in the country, according to a report released by the Asian Development Bank (ADB).

In the technical assistance (TA) report, the ADB said this situation, along with the lack or absence of efforts to strengthen the judiciary, are the main reasons the judiciary, particularly the lower courts, are still prone to political influence.

“Although the Philippine Constitution recognizes that the judiciary must have fiscal autonomy, in practice, the judiciary’s budget and the cash releases were subject to the same terms and conditions applied to agencies without fiscal autonomy,” the report stated. “Public support for the judiciary is imperative if the latter is to maintain its role as an independent and accountable, third branch of government.” 

The ADB said the fiscal constraints of the judiciary forced it to negotiate budgetary items with the executive on a transaction-by-transaction basis.

The report noted that this absence of fiscal independence has made lower courts vulnerable to political influence. The ADB said many municipal courts are dependent on the budget subsidies provided by many local government units (LGUs).

Further, the ADB said the lack of financial autonomy in the judiciary has made incentives and institutional support wanting among judges who could fill-in the vacant posts in lower courts. The ADB said that as much as one-third of the country’s lower courts were vacant.

The report stated that Republic Act (RA) 9227, which was passed in 2003, granted special allowances equivalent to 100 percent of the basic monthly salary for respective salary grades of judges and justices over a period of four years.

This, the ADB said, was a clear indication from the executive and legislative departments of their commitment to improve the judicial system or maintain the competency of judges and justices.

However, the actual funds were not available.

“The real problem in finding enough budget support for a revised remuneration package for judges and justices is that the government is hard- pressed to find the funds for many things, including such a package,” the report stated.

Meanwhile, the ADB said that these financial problems are being aggravated by a lack of administrative autonomy in the judicial system. 

The report stated that its lack of administrative autonomy is seen in the process of evaluation and approval of salary grades; changes in staffing patterns; and creation, abolition, reclassification and upgrade of positions, which were the same with the procedures applied to executive agencies.

This, the ADB said, has resulted in work-task duplication, under-staffing, inappropriate skills mix and inefficiencies.

“The absence of institutionalized, systematic, performance monitoring and evaluation of judges’ legal ability, behavior, court-management skills, and impartiality contributed to the erosion of public confidence in the judicial system,” the ADB added.

To improve the judicial system, the Supreme Court adopted the Action Program for Judicial Reform (APJR) in November 2000 as a concrete step to establish a strong foundation for the long-term development of the judiciary.

The APJR aimed to strengthen the judiciary’s fiscal autonomy and independence from political interference and support the delivery of fair and speedy justice, among other things.

The ADB said while the APJR and the commitment of the Department of Budget and Management to support the reforms were a good indication of the commitment to improve the justice system, support for the judiciary, in general, must continue and be expanded.

The report stressed that support must not only be extended to courts located in the cities but in lower courts in provinces and even law-enforcement agencies, which are usually left out of the benefits of the reform process.

“It is recommended that support be provided, not only to the Philippine judiciary, but the justice sector as a whole, including agencies involved in law enforcement and prosecution. Other pillars of justice affect the effectiveness and efficiency of the judiciary. Support to implement and roll out the recommended reforms should be considered and pursued,” the ADB concluded.

ADB: Fiscal constraints hinder administration of justice in RP

THE fiscal constraints being experienced by the judiciary is hindering the better administration of justice in the country, according to a report released by the Asian Development Bank (ADB).

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