cd drp presentation
TRANSCRIPT
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Philippines Case Decongestion
and Delay Reduction Project
Professor Rosemary Hunter
Griffith University
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Case Types: Supreme Court
74% civil
From Court of Appeals
Individual/corporation vs individual/court
26% criminal
From RTCs
Individual vs People of the Philippines
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Court of Appeals
From RTCs, NLRC, other quasi-judicial
agencies
46% question of fact only
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68% civil
Real property, collect sum of money,
damages, certiorari Individual vs individual
32% criminal
Homicide, estafa Individual vs People of the Philippines
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Court of Tax Appeals
From BIR
Corporations vs government
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Sandiganbayan
Public prosecutors
Individual defendants
86% on bail
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RTCs
59% civil Marriage and marital relations, adoption (Family
Courts), collect sum of money
Individuals vs individuals
41% criminal Heinous Crimes: homicide, rape
Dangerous Drugs: drugs
Family Courts: theft
Ordinary RTCs: various
Prosecution by public prosecutor
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MeTCs
8% civil
Collect sum of money, damages, forcible entry
and unlawful detainer 62% plaintiffs = corporations
92% respondents = individuals
89% criminal
Bouncing checks (BP22), breach city ordinance,theft, variety of other criminal matters
Prosecution by public prosecutor
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MTCCs
10% civil
Collect sum of money, forcible entry
63% Ps and 98% Rs = individuals86% criminal
Gambling, theft, firearms/weapons +variety of other criminal matters
Few bouncing checks
Prosecution by public prosecutor
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MTCs
11% civil
Collect sum of money
Ps = individual/corporations Rs = individuals
86% criminal
Bouncing checks, physical injuries, theft + variety
of other criminal matters
Prosecution mostly by public prosecutor, 22% by
police/peace officer
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MCTCs
14% civil Collect sum of money
Ps = individuals/corporations
Rs = individuals
77% criminal Physical injuries, gambling, theft + variety of other
criminal matters
Not bouncing checks
53% of prosecutions by police/peace officer(shorter duration)
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Case Durations
Sandiganbayan had longest cases
Superior court cases also lengthy
Then some first level courts
Most medians and all 90thpercentiles
far exceed international benchmarks
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Supre
me-d
ecide
d
Supre
me-reso
lved
CA CTA
Sandiga
nbay
an
RTCc
ivil
RTCc
rimina
l
MetC
civil
MetC
crimina
l
MTCC
civil
MTCC
crim
inal
MTCc
ivil
MTCc
rimina
l
MCTC
civil
MCTC
crim
inal
0
1
2
3
4
5
6
7
8
9
10
Median Duration (years) 90th Percentile (years)
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Court Median Duration (years) 90th Percentile (years)
Supreme - decided 3.2 7.7
Supreme - resolved 0.5 1.4CA 2.6 7.4
CTA 2.6 4.5
Sandiganbayan 6.6 9.2
RTC civil 1.1 3.6
RTC criminal 0.75 3.3
MetC civil 0.66 2.6
MetC criminal 1 5.5
MTCC civil 1.3 4.6
MTCC criminal 0.4 2.3MTC civil 0.67 2.6
MTC criminal 1.1 3.5
MCTC civil 0.95 6.5
MCTC criminal 0.5 4
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Longest Phase of Case
Criminal casestrials
Civil casesfiling to pre-trial
Longest phase in criminal cases longer
than longest phase in civil cases
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Court Longest Phase Median Duration
CTA Hearing 1.4 years
Sandiganbayan Trial 2.4 yearsRTC civil Filing to Pre-trial 3.5 months
RTC criminal Trial 8.5 months
MeTC civil Up to trial 3.5 months
(no data on trial times)
MeTC criminal Filing to Arraignment 3 months
(no data on trial times)
MTCC civil Up to trial 4.5 months
(no data on trial times, but only 11 trials)
MTCC criminal Trial 1 year MTC civil Filing to Pre-trial 7 months
MTC criminal Trial 4 months
MCTC civil Filing to Pre-trial 3.7 months
MCTC criminal Trial 13.6 months
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Court Median Decision Time Constitutional limit Over Limit
Supreme Court 4.5 months 24 months 12%
Court of Appeal 22.8 months 24 months 47%CTA 6 months
Sandiganbayan 8 months
RTC civil 2 months 3 months 28%
RTC criminal 42 days 3 months 24%
MeTC civil 40 days 3 months 25%
MeTC criminal 78 days (n=15) 3 months 33% n=5
MTCC civil 15 days 3 months 8%
MTCC criminal 31 days (n=10) 3 months 10% n=1
MTC civil 54 days (n=17) 3 months 29% n=5MTC criminal 28 days (n=13) 3 months 38% n=5
MCTC civil 25 days 3 months 20%
MCTC criminal 58 days (n=16) 3 months 25% n=4
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Hearing Dates and
PostponementsAverage no. of hearing dates < 5 inmost courts
23%-51% of scheduled hearing datespostponed
Low trial rates in first level courts
outside NCRRelationship between trial rate, no.hearing dates and case duration?
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Postponements
Shortage of prosecutors
non-appearance of prosecution major
reason for postponements in RTC
All first level courts (in MTC and MCTC
includes police/peace officers)
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Shortage of public attorneys
non-appearance of public attorney a
major reason for postponements only in CTA
MCTC criminal cases
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Shortage of lawyers
non-appearance of counsel a major
reason for postponements in CTA
Sandiganbayan, RTC, MCTC criminal
cases (includes counsel de oficio) MeTC, MTCC, MTC, MCTC civil cases
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Lawyers appearing unprepared
Counsel unable to proceed a major
reason for postponements only in CTA
Sandiganbayan
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Witnesses dont appear
Non-appearance of witnesses a major
cause of postponements in CTA
Sandiganbayan
RTC criminal cases
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Private complainants unwilling to
proceed
non-appearance of private complainanta major reason for postponements only
in
MeTC criminal cases
+ Almost never a reason for archiving
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Suggested reasons for delay that did not
cause many postponements
Non-service of warrants
Notice to appear not received in time
Unavailability of police witnesses
Shortage of forensic/medical experts
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Additional causes of postponements
Unavailability of judge
RTC, MCTC, MeTC criminal cases
Non-appearance of party
Sandiganbayan, MeTC, MCTC, RTC civil
cases
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Other causes of delay
BP22 cases
30% of MeTC criminal cases, 14% of MTCcriminal cases, otherwise not prominent
Where testable, BP22 cases involved morecases per file, larger amounts in issue, morearrest warrants, more hearing dates, more
postponements, and more motions than othercriminal cases, and were more likely toinvolve a pre-trial hearing, a trial, and to bewithdrawn
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Jurisdictional distribution in RTCs
Cases in Heinous Crime Courts took
longest to finalise
Civil cases in ordinary RTCs and
Dangerous Drug courts also lengthy
33% defendants in Family Courtcriminal cases were juveniles
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Court Settled Decided For P/Appellant For R/Appellee Dismissed
Supreme Court 0% 100% 11% 89% 0%
Court of Appeals 0% 99% 78% 16% 0%
CTA 0% 100% 73% 16% 0%RTC 12% 82% 73% 12% 11%
MeTC 21% 71% 72% 19% 9%
MTCC 36% 57% 77% 16% 7%
MTC 40% 55% 87% 4% 9%MCTC 32% 65% 74% 24% 0%
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OutcomesCriminal Cases
Highest rate of guilty pleas = 40% in RTCs
and MTCCs; only 1% guilty pleas in
SandiganbayanVery few conviction decisions in first level
courts: 3-16%
Highest overall conviction rate (including
guilty pleas) = 56% in RTCs; lowest = 9% inMTCs; Sandiganbayan = 22%
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Court Guilty Plea Withdrawn Decided Convicted/ Acquitted/ Dismissed Overall Overall
Appeal Appeal Conviction Fruitless
Dismissed Upheld Rate Prosecutions
Supreme Court 100% 50% 50%
Court of Appeals 100% 14% 86%
Sandiganbayan 1% 99% 21% 77% 1% 22%
RTC 39% 14% 46% 37% 31% 32% 56% 29%
MeTC 13% 33% 54% 4% 12% 84% 15% 78%
MTCC 40% 36% 24% 16% 10% 74% 44% 54%
MTC 8% 46% 36% 3% 22% 75% 9% 73%
MCTC 31% 40% 29% 16% 18% 64% 36% 59%
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1/3 or more cases in first level courtswithdrawn
64-84% of decided cases in first levelcourts dismissed
Total rate of fruitless prosecutions infirst level courts = 54-78%
Not accounted for by preliminaryinvestigations