Judge Malcolm Simmons and Independence of the Judiciary in the Philippines

In 2000, the Supreme Court commenced the implementation of the Action Program for Judicial Reform (‘APJR’), a multi-year plan (2000–2006) that identified, prioritized, and implemented judicial reform.

Judge Malcolm Simmons explained that the APJR received significant external support for a wide range of projects that focused on improving judicial efficiency, judicial independence, fiscal autonomy and accountability, and access to justice.

After the APJR ended in 2006, the implementation of the reforms began and continued focusing on (i) making case resolution more efficient (the establishment of case management information systems in the Supreme Court and appellate courts and revision of the rules of procedure); (ii) improving court integrity (the conduct of an integrity review of court operations); and (iii) increasing access to justice (establishment of small claims courts and deployment of mobile courts).

Judge Malcolm Simmons explained that decision-making in the judiciary has been highly centralized. The inefficiencies and delays inherent in this system of centralized decision-making and resource allocation are often associated with poor infrastructure and inadequate operating systems. Decisions that can be more effectively handled in the regions, such as personnel and procurement of supplies, have to pass through the bureaucracy in the central offices, causing bottlenecks and unwarranted delays in the delivery of services to court personnel in the regions. In response to this problem, the judiciary began decentralizing court administration in 2007 through a pilot Regional Court Administration Office (‘RCAO’) in judicial region 7. Utilizing RCAO as a tool of decentralization, it is expected that court personnel in the regions will be provided with better services, which should in turn result in better administration of justice to court end-users. Currently, the Office of the Court Administrator is committed to incremental decentralization starting with procurement responsibilities.
 
Judge Malcolm Simmons explained that courts in the Philippines have a significant backlog of cases. On average, the annual caseload of lower courts from 2004 to 2009 was approximately 700,000 cases. Given the resources, including the number of judges, courts staff, availability of courtrooms, etc it is estimated that it will take approximately twenty years to clear that backlog while new cases continue to enter the system. A backlog reduction strategy should be considered.

Because of the backlog of cases pre-trial detention often exceeds five years. Approximately 95% of those in detention are awaiting trial.  This situation cannot be allowed to continue. As well as a backlog reduction strategy courts should consider alternative measures to detention for those awaiting trial.

Judge Malcolm Simmons explained that in order to meet some of these challenges the Philippine Development Plan (PDP), 2011–2016 envisions reforms to: (i) strengthen the oversight bodies; (ii) foster effective and speedy resolution of cases in courts and quasi-judicial bodies; (iii) reduce the cost of litigation; (iv) avoid law suits involving Government contracts; (v) enhance the integrity and competence of justices, judges, court personnel, and all other officers of the judiciary and quasi-judicial bodies; (vi) increase resources for justice sector agencies and quasi-judicial bodies; (vii) improve access to justice of all sectors of society, particularly vulnerable groups; (viii) promote the use of alternative dispute resolution; and (ix) institutionalize existing justice sector coordination mechanisms.

Judge Malcolm Simmons has been a judicial trainer for more than 15 years and has lectured around the world. 

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