Trial courts in Cebu no longer credible

Trial courts in the cities of Cebu, Mandaue and Lapu-Lapu are no longer as credible as expected because of alleged corruption, according to a recent survey of a non-government organization on public perception over them.

The survey, conducted by the Legal Alternatives for Women Center Incorporated and the University of Cebu College of Law, showed that 68 percent of the respondents preferred to settle their cases by bribing the aggrieved party.

The survey, conducted in the second quarter of last year, had 300 respondents compose of party litigants, practicing lawyers, public prosecutors, public defenders, media practitioners, NGO members, church people, members of academe, and businessmen.

The results showed that 44 percent believed that they would be able to obtain a favorable decision if they bribe the judge.

Positive notes were reflected however in that 87 percent believed that the factors that will likely influence the judge in rendering a decision is still based on the competence of the judge.

Eighty-six percent said it is on professionalism and objectivity of the judge, 81 percent said it is on evidence presented, 63 percent said it is on influence of a superior court officer, and 54 percent said it is on politician’s influence.

The survey also showed that 54 percent believed that the patronage system in appointing judges accounts for a bigger influence in the level of corruption in the judiciary.

Fifty two percent said it is due to judges’ abuse of discretion in making decision, 51 percent said it is the Supreme Court’s lack of control in the judiciary, and 48 percent pointed out the lavish lifestyle of lawyers.

Forty-six percent blamed it on the inability of the judges to control and punish corrupt court personnel and bribing litigants; 45 percent on the lack of transparency in appointing judges; 43 percent on nepotism; 42 percent on lack of a credible monitoring of courts; and 34 percent on political pressure over the judges.

Court personnel are the most susceptible to bribery during judicial proceedings, said 63 percent of the respondents. Fifty-eight percent pointed to the judge’s relatives and friends while 55 percent said they are the judge themselves.

On bribery, 63-percent said that court personnel directly solicits money and sell tickets or merchandise to litigants, 50 percent said that stenographers and court sheriffs asked for money to speed up the process, while 42 percent said they never experienced a judge asking money from them.

Regional Trial Court Judge Mienrado Paredes, the keynote speaker in the meeting, admitted the existence of corruption in the judiciary but countered that such matter is still not pervasive yet.

RTC Judge Gabriel Inglis, on the other hand, said the survey results must drive the people in the judiciary to perform better.

Paredes meanwhile stated his objection to the security measures adopted at the Palace of Justice, saying that the main problem is not on security but on the delivery of speedy justice.

"The palace of justice should not be run like a garrison," he said, as he lamented over the policy that bans people wearing slippers from entering the courts.

The judge said the Philippines is a poor country and that denying people, who could not afford to buy a pair of shoes, to enter the courts is also a form of injustice.

The LAW Center Inc. finally recommended a reform in the selection process of judges by including members of the civil society as representatives in the Judicial and Bar Council. It also sought to eliminate the endorsement of politicians in the appointment of judges. — Fred P. Languido/RAE