JUSTICE DELAYED IS JUSTICE DENIED: Iloilo lawyers want next CJ to focus on speedy trial principle

By Francis Allan L. Angelo

 

The legal community in Iloilo City and province urged Pres. Rodrigo Duterte to appoint a Supreme Court Chief Justice who will faithfully enforce the Constitutional mandate for speedy trial.

In an open letter, the “Members of the Bar and as Members of the Faculties of the Colleges of Law of the Central Philippine University, the University of San Agustin, and the West Visayas State University” urged Duterte to appoint a chief magistrate who “will faithfully observe and implement” Article VIII Section 15(1) of the Constitution.

This provision states that “all cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four (24) months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve (12) months for all lower collegiate courts, and three (3) months for all other lower courts.”

The open letter dated March 22, 2021 comes on the heels of the online forum hosted by the three Iloilo City law schools on March 17, 2021 with retired Ilonggo SC Associate Justice Francis H. Jardeleza as speaker.

Jardeleza spoke on how to de-clog court dockets by strictly following Constitutional provisions on “speedy trial.”

The open letter said that the “evenhanded, efficient, and expedient resolution of legal disputes” is a cornerstone of democracy and good government.

“As teachers, we emphasize to our students that the principle ‘Justice delayed is justice denied’ is a universal norm founded on common sense, and is explicitly provided for in Article III Section 16 of our Constitution: ‘All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies’,” according to a copy of the letter furnished to Daily Guardian.

The letter noted that lawyers always advise litigants that the speedy trial principle are not empty words or ideals but are foundations of certain rights and obligations.

But with some cases taking decades to be resolved, lawyers are sometimes at a loss how to explain the slow pace of justice in the country.

“And as officers of the Court duty-bound to uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes (Canon 1, Code of Professional Responsibility), we advise litigants that the principle is proof that law and the Rule of Law are not empty words and ideas, but the sources of tangible rights and obligations. We do confess, however, that we sometimes do not know what to say when litigants ask why their cases take too long to resolve,” it added.

The law schools believe that it will take the collective effort of the legal community to de-clog the court dockets.

“As educators, officers of the Court, and Filipinos, we thank the Supreme Court for its efforts to eliminate, or at the very least minimize judicial delay. We also recognize that the problem cannot be solved without the support, cooperation, and action of all stakeholders.”

With the impending retirement of Chief Justice Diosdado Peralta on March 27, 2021, the Iloilo law schools asked Duterte “to appoint as our next Chief Justice, a person who will faithfully observe and implement Article VIII Section 15(1) of the Constitution.”

“And we pray that our next Chief Justice ensures that the periods prescribed by our Constitution for the resolution of cases shall be treated uniformly and mandatorily in all levels of the Judiciary.”

Among the signatories to the letter were Deans Aila Rae Endonila of CPU College of Law, Jose Mari Benjamin F.U. Tirol of USA College of Law, Pauline Grace T. Buñol-Alfuente of WVSU College of Law; Ian Thomas M. Besana of the Integrated Bar of the Philippines-Iloilo, Vice Dean Cirilo C. Yuro Jr. of USA College of Law, and Dean Emeritus Cesar T. Tirol of USA-College of Law.