Philippines Discussion Notes



Download 2.19 Mb.
Page47/47
Date20.10.2016
Size2.19 Mb.
#5403
1   ...   39   40   41   42   43   44   45   46   47

0 Currently, various laws govern statistical agencies in the Philippines with some that are already antiquated and no longer responsive to current needs. For example, the law governing NSO is now 70 years old. Moreover, existing laws are also unable to penalize non-compliance as the penalty structure enacted in 1940 has become so obsolete that it has become cheaper to pay a fine (if enforced at all) than to comply with the law.

0 Key agencies that should share data for national income compilation include the SEC, Bureau of Internal Revenue, the central bank, and the Department of Trade and Industry.

0 For example, the small area estimates of poverty could not be institutionalized yet because the NSCB’s social statistics office has fewer than half of its staffing potential, this despite the availability of funds from donors.

0 Refer to paragraphs 4-7 of Discussion Note No. 2 on consistency problems between the national income accounts and the results of household surveys.

0 In many countries such as Australia and Indonesia, the SNA office is part of the major statistical agency, and the head of agency can mandate the other offices to prioritize the needs of the national accounts office. This is not the case in the Philippines.

0 It only takes at most 12 months after the survey period for Cambodia and Vietnam to release their income and expenditure data. One reason for this is that these countries have simpler survey designs.

0 Case disposition rate: the ratio of the total number of cases decided in a year to the sum of (a) the number of backlog cases carried over from the previous year, and (b) new cases filed during that year. This indicator is normally expressed as a percentage. A ‘backlog’ case is defined as one submitted for decision beyond the prescribed (‘reglamentary’) period. The case disposal rate (used in the Supreme Court’s Annual Reports) includes cases decided and cases archived or transferred/remanded to other courts. The latter figures are higher than the former.

0 E.g. when prisoners are released with significant delays, or when detainees – including children and juveniles – sometimes languish before trial for periods beyond the maximum sentences prescribed for their crimes.

0 Since 1999, 15 judges have been murdered. More have received death threats (Global Integrity Report, 2008).

0 The Global Corruption Barometer score (Transparency International) for the Philippines judiciary worsened from 3.4 to 3.1 (with 1 being not corrupt and 5 being extremely corrupt) between 2005 and 2010.

0 A 2005 Freedom House report found that 60 percent of respondents believed that the rich and the poor do not get equal treatment in the courts.

0 However, the Supreme Court’s net satisfaction rating published by Social Weather Stations (SWS) improved between 2007 and 2010. The SWS defines net satisfaction rating as “Percent Satisfied” minus “Percent Dissatisfied”. The SWS net satisfaction rating for the Supreme Court improved from +5 (2007) to +36 in end-2010.

0 The SCCs are existing designated first instance courts authorized to follow summary procedures for resolving small monetary civil disputes. This initiative is supported by USAID and the World Bank.

0 The summary procedure is also applicable to enforcement of settlements under the Barangay Justice System.

0 ADR mechanisms include Court-Annexed Mediation (CAM), Appellate Court Mediation (ACM), Judicial Dispute Resolution (JDR), Mobile Court-Annexed Mediation (MCAM), and Court-Annexed Arbitration (CAA).

0 Special ADR rules allow filing and service by electronic means and provide for online dispute resolution.

0 The Netherlands Judicial Council (see Annex B) and Finland’s Ministry of Justice are good examples of justice entities with a strategic approach to budget management, linking allocations to objective performance indicators.

0 The EISP constitutes the ‘what’ (i.e. the blueprint) for ICT modernization and the MRDP the ‘how-to’ (i.e. actions to strengthen MISO capacity, skills and knowledge to implement the EISP). The MRDP approach appears to be the only way to induce the transformation of MISO from “a single-family kitchen” servicing only the Supreme Court to a commercial-style industrial-scale “cafeteria” serving the entire judiciary.

0 Mainly through ICT applications supported by different development partners.

0 Discussions and information dissemination sessions have been organized under the e-JOW program for key Acts (e.g. on rights of indigenous population, rights of children & women, juvenile justice welfare, environment).

0 UNDP-supported projects include a study of the Shar’ia justice system, an assessment of the Public Attorney’s office, and preparation of a medium term development plan for the criminal justice system.

0The President of the Republic, as Chairperson, with the Vice-President, the Senate President, the House Speaker, and the Chief Justice as regular members, a Cabinet member to be designated by the President, one Senator and one member from the House Representative to be designated by their respective leaders, and an Associate Justice of the Supreme Court of the Philippines to be designated by the Chief Justice.

0 Within three years, retirees should receive the first pension payment on the day of retirement.

0 E.g. stop salaries till advances are liquidated, verify assets.

0 E.g., Cases which are minor criminal offences like traffic violations, petty thefts, etc. and other criminal acts punishable with fine or imprisonment for one year or less.

0 As has been done by the Netherlands Judicial Council to define acceptable situations for adjournments (Practical ways of combating delays in the justice system, excessive workloads of judges and case backlogs, CEPEJ 2005)

0 ‘Settlement week’ is a joint effort by local trial courts and local bar association to mediate and settle cases. Courts in Ohio (USA) have reported settlement rates of over 50 percent in mediated cases.

0 This reporting is not meant to be at the level of individual judges/prosecutors but at the spending unit level (e.g. a regional trial court).

0 District legal aid committees in India and Bangladesh involve Bar Associations, local governments, civil society.

0 The Judicial and Bar Council processed 3,552 applications for vacancies in 2008. Each year, numerous vacancies remain due to cumbersome and lengthy procedures and a perceived lack of transparency in selection.





Download 2.19 Mb.

Share with your friends:
1   ...   39   40   41   42   43   44   45   46   47




The database is protected by copyright ©ininet.org 2024
send message

    Main page