Kiko allays fears JELACC will undermine judiciary

MANILA, Philippines – Senate Majority Leader Francis Pangilinan defended yesterday the creation of the Judiciary, Executive, Legislative Advisory and Consultative Council (JELACC), saying enough safeguards were in place to ensure that the independence of the Supreme Court would not be compromised.

He allayed fears voiced by legal experts that the SC’s participation in the JELACC might expose it to discussion with the executive and legislative branches of government when there are pending cases, and thus unduly influence it in the process.

“Firstly, the creation of the JELACC is not by law but by a memorandum of agreement (MOA). Hence, at any given time, any party to the agreement may send notice to the other parties if it desires to withdraw its participation from the council. The hands of the SC, therefore, are not tied to the JELACC should it deem it necessary to disengage because of legal or policy differences,” Pangilinan said.

Secondly, Pangilinan said the creation of the JELACC was by MOA and not by law precisely because the council was meant to be ad hoc in nature.

“It is meant to fast-track the much needed reforms in the administration of justice by way of budgetary and other forms of support. In the event that significant reforms have been put in place then the council can be dissolved. The sooner it is dissolved the better because this would mean that reforms have been realized and the council’s existence becomes unnecessary,” he said.

JELACC is the brainchild of Pangilinan, who has been advocating judicial reforms since 2001. He was chairman of the Senate justice committee in the 12th Congress and is currently on his 7th year as Senate representative to the Judicial and Bar Council, the longest to serve as ex-officio member since the JBC was established 20 years ago.

“The JELACC is meant to address serious problems that have plagued the judiciary and the administration of justice for decades. This requires new approaches, new methods and strategies,” Pangilinan said.