Press Release
August 9, 2007

Kiko proposes Joint Judiciary Executive Legislative Advisory and Consultative Council (JELAC) during the LEDAC

"I discussed with the President during the LEDAC the urgent need for an ad hoc joint advisory and consultative council to be composed of representatives of the Judiciary, the Legislature and the Executive branch to thresh out the mechanics of systematically and strategically modernizing the Judiciary, in order to put in track the much needed legislative, executive and judicial muscle necessary to deliver justice in the most expeditious manner possible. We had also proposed the creation of this council during the National Summit on Extra Judicial Killings.

Fortunately, the President was in agreement and she approved this council in principle. Aside from Malacañang, both the Senate President and the Speaker of the House have expressed full support for the proposal. One way of improving the judiciary and making it more effective is by providing the judiciary, financial support so it maintains its integrity and independence in the judicial process.

I am aware that there may be issues raised about the independence of the Judiciary vis--vis the other branches of government if it participates in the said advisory council but the ad hoc nature of the council, whose purpose is to meet a need that is temporary in nature, may be a valid and justifiable ground for the creation of the council. I would liken the participation of the Judiciary in the advisory council to its participation in congressional budget hearings wherein the Judiciary's co equal status and its independence is neither compromised nor diminished.

I plan to sit down with the Chief Justice regarding this matter and brainstorm on the modernization needs of the Judiciary, so that we can explore with this proposed council, the necessary budgetary support for filling the vacancy in our courts, the creation of more courts, and to promote a strategic response to strengthening the rule of law.

The JELAC can be instrumental in putting an end to political killings and enforced disappearances. We need to ensure that the respect for the rule of law in the country remains steadfast. We can realistically increase the conviction rates of our courts. Only when we punish more and punish swiftly will there be genuine respect for the rule of law and obedience to the same. Today the battle cry of would be criminals and syndicates is 'we can get away with it anyway' and hence are emboldened to transgress the law at will. When only 2 or 3 out of ten cases end up in conviction then many are able to go scot free while only a few are punished. We must find a way to reduce the average case life from 6 years to say 2 to 3 years in the next 5 to 7 years. Ensuring the swift disposition of cases will strike fear in the hearts of would be criminals that in fact cases are resolved and the guilty punished. We need to raise the share of the judiciary, a co-equal branch, in the annual budget. A mere .8 percent of the entire national budget is ot enough to strengthen respect for the rule of law in the coutry."

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