Legal Accountability and Dispute Resolution (LADR) Program ...

Legal Accountability and Dispute Resolution (LADR) Program

A SEMI-ANNUAL REPORT FROM THE ASIA FOUNDATIONTO THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

01 JULY – 31 DECEMBER 2006

(GRANT AGREEMENT NO. 492-G-SS-98-00032-00)

The Asia FoundationLegal Accountability and Dispute Resolution (LADR) ProjectGrant Agreement No. 492-G-SS-98-00032-00Semi Annual Report (July 1, 2006 December 31, 2006)

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The Asia Foundation

Legal Accountability and Dispute Resolution (LADR) Program(Grant Agreement No. 492-G-SS-98-00032-00)

July 1, 2006 –December 31, 2006

SUMMARY

This semi-annual report covers activities from July 1, 2006 to December 31, 2006 underthe Legal Accountability and Dispute Resolution (LADR) program. LADR is fundedthrough a grant from the U.S. Agency for International Development to The AsiaFoundation. LADR, along with its predecessor program, Reforming the Administrationof Justice through Coalition Advocacy (RAJCA), runs from September 14, 1998 toSeptember 30, 2007.

Between July 1, 2006 and December 31, 2006, The Asia Foundation continued to workwith its existing partners and also forged several agreements with new partnerinstitutions. With less than a year remaining to fully implement the program, theactivities during this period were geared towards consolidating gains and assessingweaknesses in the specific project components, namely:

§ institutionalization of alternative dispute resolution processes;§ ensuring judicial transparency and accountability;§ building constituency for judicial reforms; and§ strengthening public information and access to justice.

Initiatives on promoting alternative dispute resolution (ADR) processes within andoutside the formal judicial system undertaken during this period were calibrateddepending on the previous ADR work of the concerned institutions and stakeholders.The Foundation also considered the time constraints posed by the remaining period of theLADR program on the execution of deliverables. For court-related ADR, there wascontinuing emphasis on solidifying impact and addressing sustainability. Foundationefforts for this period included skills enhancement for mediators, accreditation of newmediators in the additional areas for court-annexed mediation, and a national conferenceon court-annexed/referred ADR. The conference provided a venue for the discussion ofconcerns regarding its initial implementation. The organizational and financial systemsstudy for court-annexed ADR was also finalized during this period. The Foundation sefforts within and outside the courts towards expanding the scope of the sustained use ofADR among stakeholders included a communication program for mediators, which waspresented during the national ADR conference, after a series of validation workshopsorganized by the Foundation and its partners. The institutionalization of the ADRmechanism in all agencies of the Executive Department, mandated by a Presidential


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issuance, also commenced with the official launch of the executive order and subsequentstart of implementation in all executive agencies.

The Foundation s partners on ADR initiatives, as in the previous semi-annual report,include the following:

§ Philippine Judicial Academy (PhilJA) on the expansion of court-annexedmediation to Ormoc City, as well as a conference on court-annexed arbitration;

§ Institute of Social Studies and Action on the refinement and compilation ofPhilJA mediation curriculum and training programs;

§ Asian Institute of Journalism and Communication on the finalization of acommunications plan as well as information, education, and communicationmaterials for court-annexed mediation;

§ Center for Public Resources Management on the development of two additionaloptions and finalization of the organizational and financial study of the PhilippineMediation Center and its units;

§ Conflict Resolution Group on preparatory activities for instituting the use of ADRin the executive department;

§ University of the Philippines College of Law Development Foundation on thepublication of a quarterly newsletter on ADR and finalization of courseware forteaching ADR in law schools; and

§ Conflict Resolution Group and the Social Weather Stations on the preparation of afinal research paper on conflict resolution systems in small and mediumenterprises.

Past initiatives to advance judicial transparency and accountability pursued by theFoundation have also borne fruit during this period. Notably, the Foundation continuedproviding further support to the Judicial and Bar Council (JBC), the body tasked tosearch, screen, and select nominees to judicial posts. The JBC held dialogues withvarious sectors in order to address the problem of delay in the delivery of justice due tohigh vacancy rates in the courts, particularly in less urbanized areas, and to encourage thepublic to participate in the search and recruitment of members to the judiciary. Crucialpartnership with a consortium of legal professionals and civil society organizations inenhancing citizen participation in the process of appointing Justices of the Supreme Courtwas also sustained during the period in light of vacancies in the High Court.

Further, development and pilot implementation of an enhanced case flow managementsystem for the first and second level courts was in full swing during this period. The e-learning modules on remedial law and civil law were offered online as a court capacityenhancement activity geared towards achieving judicial accountability. Two otherrelevant studies were completed and presented to the public during this period - adiagnostic study of the challenges in the judiciary in response to the results of previouspublic perception surveys on the state of the judiciary and the legal profession.


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Aside from the JBC, the Foundation s other partners in judicial transparency andaccountability initiatives include:

§ Supreme Court - Project Management Office in the dialogues on the conduct ofPre-Trial in Civil and Criminal Cases and the Use of Deposition and Modes ofDiscovery Procedures;

§ Transparency and Accountability Network on monitoring the nomination andappointment of members of the Supreme Court;

§ Paglilingkod Batas Pangkapatiran Foundation on the development of a manual forcourt monitoring;

§ University of the Philippines Center for Women s Studies Foundation on thepublication of a book on gender jurisprudence during the term of Chief JusticeHilario G. Davide, Jr.;

§ Philippine Judicial Academy on the finalization and use of e-Learning Moduleson Remedial and Civil Law;

§ The Social Weather Stations on the finalization of the diagnostic study ofchallenges in the judiciary; and

§ Softrigger Interactive on the enhancement of a Caseflow Management System forFirst- and Second-Level Courts;

To build constituencies for judicial reform, particularly in Mindanao, the Foundation,in partnership with the Social Weather Stations, implemented a series of focus groupdiscussions on the impact of possible amendments to the Code of Muslim Personal Law(CMPL) and increasing the jurisdiction of Shari a Courts. The Foundation also continuedsupporting the consolidation of Muslim lawyers, through the newly-organizedBangsamoro Lawyers Network, to address the access to justice needs specific to theMuslim populace in Mindanao, as well as the internship of Muslim students in alternativelaw groups. The Foundation also continued its efforts to strengthen the relationshipbetween the judiciary and media by supporting the Asian Institute of Journalism andCommunication in publishing and distributing guide materials for journalists covering thecourts and for readers on judiciary-media relations. This initiative was carried out incoordination with the Supreme Court s Program Management Office.

Finally, efforts to strengthen public information to increase transparency and accessto justice focused on three areas: (1) promoting citizen awareness and participation inrule-making, the judicial reform process, and the rule of law; (2) clinical legal education;and (3) jail decongestion initiatives. With the passage of the landmark legislation onjuvenile justice in May 2006, the Foundation partnered with the Philippine JudicialAcademy to conduct a simultaneous video conference on the Juvenile Justice andWelfare Act where participants were introduced to the concept of restorative justice aswell as the salient features of the law. In the same spirit, support was provided for theenhancement of the capacities of prosecutors to handle children s cases. These efforts atstrengthening public information have progressively involved more Muslim partners and


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Mindanao-based organizations, specifically for increased awareness, understanding, andproper implementation of the Code of Muslim Personal Laws (CMPL) and the Anti-Violence against Women and Children Act.1 In particular, the Foundation supported thedevelopment of a comprehensive communication plan on the CMPL, the conduct ofregional roundtables on legal education reform and access to justice, the publication of alegal journal devoted to the Code of Muslim Personal Laws and related issues on theIslamic law, as well as basic legal literacy trainings in post-conflict communities. TheFoundation also supported a project to document customary justice and governancesystems, train a new generation of tribal justice officers and construct an indigenousjustice hall in Maguindanao Province. Among the current partners are the following:

§ Cyberspace Policy for Asia-Pacific on the conduct of on-line hearing and testingof e-commenting facilities as part of the eRuleMaking pilot project with theNational Telecommunications Commission;

§ Lawyers League for Liberty in collaboration with the Department of Educationand the Philippine Supreme Court for preparatory activities that will lead towardspiloting of teaching exemplars on the judiciary and the rule of law;

§ Upholding Life and Nature for the filming of video materials on legal topicsuseful for paralegal training activities;

§ Al-Mujadilah Development Foundation for the translation of primers on the Anti-Violence against Women and Children Act into five major Bangsamoro ethno-linguistic groups;

§ Moroweave for the conduct of workshops on violence against women;§ Philippine Judicial Academy for strengthening the implementation of the CMPL

and for a video-conference on the Juvenile Justice and Welfare Act;§ Social Weather Stations for a survey on law and social justice among Filipino

Muslims, and a study on the administration of the CMPL;§ Lumad Development Center on the conduct of consultations among indigenous

community leaders to document indigenous justice systems, training of a newgeneration of tribal justice officers, and the construction of an indigenous justicehall;

§ Bangsamoro Lawyers League for the conduct of popular education seminars,paralegal workshops, and grassroots education on the CMPL;

§ Mindanao State University for the publication of a legal journal on the CMPL andconduct of round table discussions on legal education, access to justice, and theimplementation of the Code of Muslim Personal Laws;

§ Child Protection Unit Network for training prosecutors in handling children scases;

§ Philippine Deaf Resource Center, in partnership with the Philippine Federation ofthe Deaf and Filipino Deaf Women s Health and Crisis Center, for the

1 Republic Act No. 9262 or the Anti-Violence against Women and Children Act criminalizes and punishes differentforms of abuses (physical, sexual, economic, psychological) committed by any person against a woman who is hiswife, common-law-spouse, partner or one with whom he has a dating or sexual relationship, or with a woman withwhom one has a common child, whether legitimate or illegitimate.


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development of instruments for evaluating sign language interpreting skills whichcan be used in courts; and

§ Integrated Bar of the Philippines (Quezon City Chapter) and the HumanitarianLegal Assistance Foundation on jail decongestion efforts, including studies on thecountry s penal system and the new dangerous drugs law as it relates to prisonconditions.

During the period covered by this report, The Asia Foundation awarded 21 new grants to16 partners. Of the 76 grants issued in 2005 and 2006, 26 are ongoing and 50 werecompleted as of this date.

HIGHLIGHTS AND OUTCOMES OF SIGNIFICANT ACTIVITIES

I. Towards the Institutionalization of Alternative Dispute Resolution Processes

The Asia Foundation s strategy on institutionalizing alternative dispute resolutionprocesses involves working with the courts through the court-annexed mediation projectas a means of de-clogging the court dockets; working with different non-judicialinstitutions by sifting cases that will go to the courts as part of its court decongestionproject; and working with law schools in changing the dispute resolution framework offuture lawyers.

Court-Annexed Mediation

Regional Mediation Training and Establishment of Philippine Mediation Center Unitsin General Santos and Tacloban Cities, and Adjacent Areas. During this period, PhilJAexpanded the implementation of the court-annexed mediation program to Ormoc City.After attending a basic mediation course and pre-internship orientation, 29 mediatorswere trained through an internship program held in October and November 2006,covering Ormoc, Baybay, Hilongos, Palompon and Tacloban. PhilJA is currentlymonitoring and consolidating the caseload and cases in order to assess the impact of theprogram.

After the conduct of mediation seminars and the establishment of Philippine MediationCenter (PMC) units in General Santos and Tacloban, PhilJA reported that from Januaryto October 2006, 662 out of the 934 referred cases in Tacloban went through actualmediation, with 418 cases settled while the rest remained unresolved. In General SantosCity, 472 cases were referred for mediation, of which 342 cases were mediated and 235reached settlement. These recent figures show a significant increase in the number ofcases referred for mediation and cases successfully mediated in the two areas ascompared to statistics in the previous year. (Statistical updates on court-annexedmediation in Leyte and General Santos are included in Annex A).


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Settlement Period. In September 2006, the Supreme Court issued Administrative OrderNo. 160-2006 declaring October 2006 as the Settlement Period for all first- and second-level courts in areas with established Philippine Mediation Center Units.2 Trial Courtjudges in these areas conducted an inventory of cases in their dockets, and selected atleast 10 relevant cases which have not undergone mediation during the pre-trial and trialstages.

A total of 4,004 cases were referred for mediation during this period. As of December2006, 2,435 of these cases have been mediated while 951 are still undergoing mediation.1,556 of the mediated cases have been successfully settled, revealing a success rate of64%. The rest of the cases failed due to complicated circumstances of the case andinability of the parties to reach an acceptable agreement. It will be noted that not all of thecases initially referred for mediation were mediated. 618 out of the 4,004 referred caseswere returned back to court usually because of non-appearance of the parties and refusalby either party to go through mediation. PhilJA further reports that most of the casesmediated under this project are in the nature of either violation of the bouncing checkslaw, sums of money, damages, estafa, and reckless imprudence resulting to damage toproperty. 3

Court-annexed mediation has been implemented outside the Settlement Period as trialcourt judges refer cases for mediation to the Philippine Mediation Center Units. FromJanuary to December 2006, a total of 17,393 cases were referred for mediation. Of thisnumber, 13,050 cases completed mediation, out of which 8,159 were settled, revealing asuccess rate of 63%.4 (See Annex A for a complete statistical update on the court-annexed mediation project.)

National Conference on Court-Annexed/Referred Alternative Dispute ResolutionMechanisms. The institutionalization of court-annexed mediation along with thecreation of the Philippine Mediation Center has produced remarkable gains in enhancingaccess to justice, decongesting court dockets, and effectively implementing the pre-trialpolicy of promoting amicable settlement through alternative dispute resolution.Sustaining this headway and further promotion of ADR mechanisms entail sharing thesuccess of ADR initiatives as well as a discussion of issues and concerns regarding itsinitial implementation. It is with this view that the PhilJA, through the support of theFoundation, organized the first national conference on court-annexed/referred alternativedispute resolution mechanisms in November 2006.

2 The areas include: Metro Manila, Cebu City, Mandaue City, Lapu-Lapu City, Davao City, Digos City, Tagumand Panabo of Davao del Norte Province, Tacloban City, General Santos City and the provinces of MisamisOriental, Pampanga, Negros Oriental and La Union.3 Figures reported are from PhilJA and covers only cases referred for mediation in October 2006 including theirstatus as of December 2006.4 Figures reported are from PhilJA and covers cases referred for mediation during the period January to December2006.


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Around 450 participants attended the two day conference. Participants includedmediators from the different Philippine Mediation Center Units nationwide, clerks ofcourts, presidents of the different Integrated Bar of the Philippines chapters, andrepresentatives from media, civil society, and donor organizations. USAID GovernanceOfficer Steven Edminster delivered the Opening Message and Chief Justice ArtemioPanganiban delivered the Keynote Address. The conference provided an avenue for thefollowing: (a) conferring awards of recognition to ADR advocates in the local andnational government, academe and judiciary; (b) awarding the Philippine MediationCenter (PMC) Unit with the highest success rate; (c) delivery of a progress report oncourt-annexed mediation, appellate court mediation, judicial dispute resolution, and thesettlement period programs; (d) ceremonial turn-over of the results of the organizationaland financial study of the PMC and its units; (e) launch of the ADR integrated trainingcurriculum; (f) presentation of a Communications Program for mediators; (g)introduction of court-annexed arbitration; and (h) discussion sessions to further improvethe ADR system.

Among the highlights of the program was the oath-taking of 80 Court of Appealsmediators trained by PhilJA.

Integration of Mediation Curriculum and Training Programs. In partnership withPhilJA, the Justice Reforms Initiatives Support project of the Canadian InternationalDevelopment Agency, and the Institute of Social Studies and Action (ISSA), theFoundation supported this project for the integration of all court-annexed mediationcurricula and training programs. ISSA finalized the training modules during this period.The modules, in compact disc (CD) format, contain the following pre-tested curriculawith corresponding research manuals: (1) Training Course for Trainers on Mediation; (2)Orientation for Justices/Judges on Court-Annexed Mediation; (3) Orientation forLawyers on Court-Annexed Mediation; (4) Orientation for Court Personnel on Court-Annexed Mediation; (5) Integrated Basic Mediation Course; (6) Advanced MediationCourse; and (7) Training Course for Judges on Judicial Dispute Resolution.

ISSA presented the CDs to the Supreme Court during the National Conference on theCourt-Annexed/Referred Alternative Dispute Resolution Mechanisms in November 2006.Preparations for the reproduction and distribution of 300 copies of the CDs to judges,lawyers, mediators and prospective mediators are underway.

Communication Program for Court-Annexed Mediation. The Philippine Judicial Academy(PhilJA), the Supreme Court, and the Philippine Mediation Center organized a validationworkshop on October 23, 2006. The workshop, attended by all the members of PhilJA s ADRCommittee,5 was undertaken to validate and finalize the communication materials prepared by

5 PhilJA s ADR Committee is composed of the following: Justice Ameurfina Melencio-Herrera, Justice Justo P.Torres, Deputy Court Administrator Bernardo Ponferrada, Deputy Court Administrator Jose P. Perez, DeanEduardo de los Angeles, Chairman Alfredo F. Tadiar, Dean Pacifico A. Agabin, Dean Eulogia Cueva, andCommissioner Linda L. Hornilla.


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the Asian Institute of Journalism and Communication (AIJC). At the end of the workshop, theADR Committee approved five case studies, four feature articles, and the communication plan.The workshop also generated comments on the brochures and posters. AIJC presented itsreport, Communication Program for Mediators in the National Conference on Court-Annexed/Referred Alternative Dispute Resolution Mechanisms in November 2006. TheGuidebook for Journalists Covering the Courts (with Glossary of Legal Terms for Journalists

without Legal Background) and Justices to Journalists, Journalists to Justices: A Reader onJudiciary-Media Relations , also developed by the Institute, were printed during this period. Theinputs of PhilJA s ADR Committee have been incorporated in the posters (including a poster-flowchart) and brochures, which will be sent to PhilJA and the USAID for final approval beforeprinting. The remaining communication materials will go to press for reproduction in the nextreporting period.

Organizational and Financial Study of the Philippine Mediation Center and its Units.Based on its study, the Center for Public Resources and Management proposed anorganization model which will sort the functions in the management and operation of thecourt-annexed mediation system and will allocate the functions to the entity (publicsector or private sector) that will most efficiently perform them. The model works insuch a way that the judiciary will provide the policies, establish operating standards andprocedures for the operation of the court-annexed mediation, and engage in partnershipwith private sector mediation organizations for the delivery of the functions.

During this period, PhilJA gave its inputs on the proposed model, essentiallyrecommending flexibility in the organizational set-up of the PMC Units. PhilJAChancellor Ameurfina Melencio-Herrera requested the Center to provide PhilJA with astudy, including financial projections on two other options, i.e. to continue with thecurrent arrangement where PhilJA outsources mediators, or explore a new set-up wherePhilJA will have its own mediators as employees. Taking into account PhilJA s inputs,the Center included options for a full in-house or a combined in-house and outsourcedsystem of court-annexed mediation.

In lieu of a validation workshop, the Center turned over its report, including therecommended organizational and financial structures, to PhilJA in the NationalConference on the Court-Annexed/Referred Dispute Resolution Mechanisms attended byvarious ADR stakeholders in November 2006.

Out-of-Court Mediation: Sifting cases that go to the courts

OGCC Alternative Dispute Resolution Capability-Building project. The Office of theGovernment Corporate Counsel (OGCC) implementing rules and regulations (IRR)which included an entire section on ADR was launched in this period and receivedcommendations from the Secretary of Justice and the Executive Secretary. The IRR,particularly its provisions on ADR, was the focal point of the OGCC s 71st anniversarycelebration on 29 September 2006. In a special report by a leading newspaper on the


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improvements implemented in the OGCC,6 the Government Corporate Counsel regardedthe issuance of the IRR as a far-reaching legacy . She proudly added that the ADR hasalready been put to test in actual cases pending before the OGCC and some of these casesare about to be resolved.

Instituting the Use of Alternative Dispute Resolution in the Executive Department. In April2006, Philippine President Gloria Macapagal-Arroyo signed Executive Order No. 523, entitledInstituting the Use of Alternative Dispute Resolution in the Executive Department ofGovernment (EO 523). In line with the Alternative Dispute Resolution Act of 2004 and with thepurpose of promoting speedy resolution of all disputes before all administrative bodies in theexecutive department, EO 523 directs all the executive agencies to promote the use ofalternative modes of dispute resolution, such as mediation, conciliation, and arbitration, as partof their practice in resolving disputes filed before them. The Order mandates each executiveagency to train at least two of their senior officials in the field of ADR, who will then have theduty to organize, develop, and implement the use of ADR in their respective agencies.

To ensure adequate buy-in and support for ADR among the top officials of the ExecutiveDepartment, the Conflict and Resolution (CORE) Group launched EO 523 on November9, 2006. The launch introduced the executive issuance to top-level officials of 180government agencies to encourage their cooperation and support. President GloriaMacapagal Arroyo graced the launch along with heads of various government agencies,funding institutions, and members of the diplomatic community, including USAmbassador Kristie Kenney and USAID/Philippines Mission Director Jon Lindborg.

The CORE Group also conducted five pre-training workshops in November 2006, whichwere attended by officials from around 300 government agencies. The sixth and final pre-training workshop is scheduled in the next period. These pre-training workshops aim toorient participants on the essential features of a successful ADR program, and to developa unified strategy for planning, implementation and monitoring of EO 523.

Implementation Phase of Alternative Dispute Resolution in Executive Agencies. Inorder effectively to carry out the institutionalization of ADR in executive agencies, theCORE Group, through support from the LADR project, is already preparing for theimplementation of EO 523. This activity will consist of the following components: (a)academic training and internship; (b) 6-month consultation process where ADRspecialists will be guided in the design and implementation of their respective ADRprograms; and (c) a public information campaign.

Two participants from each of the selected 360 executive agencies are expected to be trained asADR Specialists. One of the two participants will be given a scholarship, through support from

6 OGCC Reports Fundamental Improvements for Stronger Legal Service in 2006, Philippine Daily Inquirer,January 15, 2007.


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the Foundation s LADR program. Costs of the other employee s participation in the training,on the other hand, will be shouldered by his/her agency as government counterpart for theproject. A two-week internship period will be conducted at the office of a sponsoring agency foreach training batch. The sponsor agency will provide interns with actual cases for theirresolution through the ADR process. Participating government agencies shall also undergo a 6-month consultation process for the design and implementation of their respective ADRprograms. The process will include several workshops and consultative meetings to allowADR-trained employees to share and exchange experiences in the institutionalization process.A public information campaign to make the public aware of the new ADR Program in theExecutive branch shall be undertaken together with the concerned agencies.

This project has received immense support from the Office of the President, whichrecently created an ADR Secretariat for the implementation of EO 523. The Secretariatis under Deputy Executive Secretary Manuel Gaite and will draw administrative andlogistical support from the Office of the Presidential Adviser on Peace Process. In thenext reporting period, CORE will prepare for the registration of the participants from thedifferent executive agencies, and for the actual trainings and internship scheduled inFebruary and March 2007.

Research on Conflict Resolution Systems in Small and Medium Enterprises. A well-developed conflict resolution system within and among small and medium enterprises(SMEs), which comprise 99.6% of the over 800,000 total companies registered in thePhilippines, is considered as a key requisite for growth and development. Recognizingthis, the Foundation, in partnership with the Social Weather Stations and the ConflictResolution Group, seeks to understand the conflict resolution mechanisms employed bySMEs in order to develop a conflict resolution structure compatible with their needs.

The Social Weather Stations conducted pre-survey activities and actual surveyimplementation among 213 SMEs in Metro Manila during this period. It has processedthe data gathered from the survey and has generated primary data tables for the finalreport.

The CORE Group, for its part, completed focus group discussions and interviews withfurniture industry manufacturers, food processors and exporters, Filipino-ChineseWomen s Chamber of Commerce, herbal and oil industry, spa and wellness industry, andbusiness process outsourcing sector. The CORE Group likewise submitted its finalreport, which includes the following findings, among others:

§ despite the SME s general distrust against the partiality and competence ofgovernment institutions and their usual confusion as to which agency hasjurisdiction, they still consider government offices as the convenient and rightfulbody where they can lodge business-related disputes;

§ labor and trade-related cases comprise the highest incidence of disputes amongSMEs; and


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§ many of the conflicts in SMEs remain unresolved because of avoidance of theissue due to stress and expense, and lack of formal facilities in resolving conflictsin a cost-efficient manner.

Based on the research, the CORE Group recommends, among others, that:

§ the government create a single-policy and mechanism - which can be through aprivately-run agency - to assist SMEs in the resolution of conflicts;

§ facilitated dialogues between the government and SMEs be institutionalized sopolicy differences can be discussed and disputes can be negotiated; and

§ SME associations introduce conflict coaching, increase their capability to provideADR services, create programs to increase awareness and availability of ADR toSMEs, and require the inclusion of mediation clauses in all contracts.

Working with Law Schools on the Alternative Dispute Resolution Framework

Introductory Course on Arbitration. The Arellano Law Foundation, in collaborationwith the Philippine Association of Law Schools (PALS), and the Chartered Institute ofArbitrators (East Asia Branch), aims to initiate a paradigm shift in lawyers and lawstudents orientation towards the resolution of disputes. During the annual convention ofPALS, an ADR component was included in the program. This ADR component was aone day introductory course on arbitration.

The participants in the arbitration seminar included law deans, law professors, and legalpractitioners from all over the country. Experts on ADR, mostly fellows from the CharteredInstitute of Arbitrators, gave the lectures during the seminar. The law deans are expected toincorporate arbitration and other ADR processes in their respective curricula.

Establishment of the U.P. Law Center Institute on Dispute Resolution (IDR) and OtherRelated Projects. During this reporting period, the Institute released the third issue of itsquarterly newsletter, Consensus. The newsletter contains articles on bargaining, ADRmechanisms for disputes relating to technology transfer agreements, principlednegotiation in child custody cases, and a book review of Getting to Yes .

The Institute is currently finalizing the ADR Courseware which will be offered to lawschools nationwide. The draft courseware includes a teacher s guide for each classsession. The Institute is also developing the remaining three of the five role simulationswhich can be used for ADR Seminars and Workshops. As part of its componentactivities, the Institute is planning a conference among various ADR practitioners so thatthey can share experiences and insights on ADR, as well as explore possible ways ofcooperation. The conference will also be a venue for collecting, classifying, andcentralizing academic output in this field.


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II. Judicial Transparency and Accountability

Judicial and Bar Council Dialogue with Various Sectors. In partnership with theJudicial and Bar Council, this project was implemented initially in Region 1 (La UnionProvince) in July 2006. This was followed by dialogues in other areas with high courtvacancies, namely Regions 7, 10 and 4, in September, October and December 2006,respectively. Approximately 267 participants composed of regional trial court judges,prosecutors, clerks of courts, academicians, public attorneys and members of theSupreme Court, Integrated Bar of the Philippines, Philippine Gender Association, judgesassociations, and the media attended the dialogues.

The dialogues discussed concerns regarding the Council s search, screening and selectionof nominees to the judiciary, and recommendations on how to improve the recruitmentand selection of applicants for judicial positions.7 The dialogues likewise served as avenue for addressing the apprehension of most lawyers to apply for judicial posts and forencouraging stakeholders to actively participate in the selection of applicants.

The provincial visits greatly assisted the Council in recruitment of qualified applicants.Personal interviews and the required psychological and psychiatric evaluations wereconducted during the visit. More significantly, the dialogues resulted in decreasing thevacancy rate (previously due to an insufficient number of applicants) in the regions wherethe dialogues were held, as more than half of the vacancies were filled after thedialogues. Region 7 posed the highest percentage of vacancies filled at 73%. Bohol,which hosted the Region 7 dialogue, posted a zero vacancy rate after the Council sdialogue. A chart showing the number of vacant courts in Regions 1, 7, 10 and 4 beforeand after the dialogues are shown in Annex B.

Dialogues on the Conduct of Pre-Trial in Civil and Criminal Cases and the Use ofDeposition and Modes of Discovery Procedures. In 2004, The Asia Foundationpartnered with the Supreme Court-Office of the Court Administrator to produce videomaterials on the conduct of pre-trial in civil and criminal cases and the use of deposition discovery measures. The project was undertaken in line with the Supreme Court s

objective of promoting effective and efficient disposition of cases, particularly within thecontext of a Supreme Court resolution providing guidelines that seek to abbreviate courtproceedings, ensure prompt disposal of cases, and decongest court dockets through the

7 Among specific concerns raised by stakeholders during the dialogues were: (a) factors behind the Council snominations; (b) criteria for nomination; (c) process for nomination; and (d) transparency of the nominationprocess. Suggestions to address these concerns included: (a) the role of local Integrated Bar of the Philippineschapters be strengthened by giving more weight to their recommendees; (b) the Council s nomination be based onqualifications and not political backing; (c) court insiders (e.g. clerks of courts) be given priority; (d) thequalifications of applicants be published in the bulletin boards of the courts where they are applying; and (e) genderneutrality be exercised in nominations and appointments (e.g. the appointment of women counselors in Shari aCourts).


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maximum use of pre-trial and deposition-discovery methods.8 To execute the intent ofthe guidelines, the project supports the conduct of dialogues with judges, clerks of courts,prosecutors, public attorneys, and members of the Integrated Bar of the Philippines on theuse of deposition-discovery methods.

The Supreme Court Office of the Court Administrator conducted dialogues in theNational Capital Region (NCR) in October and November 2006, and in Baguio City inDecember 2006. A total of 1,300 judges, clerks of courts, prosecutors, public attorneys,court personnel, and members of the Integrated Bar of the Philippines from the NCR andRegion I attended the three dialogues. The dialogues acquainted stakeholders with thenature, purposes, and objectives of pre-trial and the use of deposition-discoveryprocedures. At the same time, it served as a venue for addressing concerns on theguidelines to be observed by trial court judges and clerks of court in the conduct of pre-trial and use of deposition-discovery measures. As part of the program, a videopresentation on the modes of discovery developed under the project was shown. Theattendees expressed concern about some of the procedures presented in the video,specifically, the prosecutor s talks with litigants in the absence of counsel andinvolvement of non-lawyer mediators. During the discussion, participants alsoemphasized the need to ensure the quality of the services of mediators and to protect thepublic from mediators abuses. The dialogues scheduled for the next period will be inCagayan de Oro City, Pampanga, and Leyte.

Supreme Court Appointments Watch. With the retirement of Chief Justice ArtemioPanganiban in December 2006, the Transparency and Accountability Network (TAN)held in November 2006 a press conference calling on the Judicial and Bar Council toconduct public interviews of the candidates for Chief Justice. TAN also undertookresearch on the Senior Justices who were nominated by the Judicial and Bar Council aspossible successor. Before the proposed interview of the nominees for Chief Justice,TAN reiterated the need for public interviews and presented the profiles of the candidatesin a Public Forum attended by around 40 individuals from the media, alternative lawgroups, and civil society organizations. The profiles included the candidates (a)educational attainment; (b) professional experience before appointment to the SupremeCourt; (c) political and organizational affiliation; (d) business interest, if any; and (e)votes on crucial cases.

The scheduled interview of the candidates for Chief Justice did not take place as only oneof the six candidates appeared for the JBC process.9 However, the appointment of Chief

8 Administrative Matter No. 03-1-09-SC, approving the Proposed Rule on the Guidelines to be Observed by TrialCourt Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures.9 Only Senator Miriam Defensor Santiago, the lone applicant who is currently not a member of the judiciary,appeared for interview. The other five candidates, who are incumbent Supreme Court Associate Justices, eachwrote the Judicial and Bar Council a letter declining the interview. Moreover, Senator Santiago asked to be excusedfrom the interview invoking the equal protection clause.


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Justice Reynato Puno created a vacancy for an Associate Justice of the Supreme Court.10

As a result, TAN continued its calls for a transparent nomination and appointmentprocess and attended the Council s public interview of candidates for Associate Justice.11

The Council thereafter short-listed five candidates for the President s consideration.12

TAN is currently working on a courtesy call with the newly appointed Chief Justice todiscuss his policies and explore options for a transparent nomination and appointmentprocess. As the project draws to a close, TAN also intends to hold the followingculminating activities: (1) organize a forum among TAN members and stakeholders inorder to assess the project s experience, consolidate its gains, and improve on itsweaknesses; and (2) compile and publish the experiences and gains from the project.

Civil Society Engaging the Courts II. During this period, the researchers completed atotal of 214 court observations and post-hearing interviews with litigants in Cagayan deOro, General Santos and Davao cities using enhanced instruments for court monitoring.Paglilingkod Batas Pangkapatiran Foundation (PBPF), the Foundation s partner in thisproject, is currently studying and consolidating the results of the court monitoring in thethree key cities. Preliminary results reveal that 43% of the scheduled hearings for 1,131criminal and civil cases in the subject cities were postponed.13 There was no significantdifference between the number of postponed hearings of civil and criminal cases. Basedon the respondents answers, most of the postponements were caused by the accused,followed by the prosecution, and then the courts. For the next period, PBPF will presentthe results of the study, review the court-monitoring manual and synthesize the results ofthe monitoring in a validation workshop. PBPF intends to later present the final results ofstudy to the Supreme Court.

Law Student Apprenticeship at the Office of the Ombudsman. An evaluation of theapprenticeship program in the Office of the Ombudsman was undertaken during thisperiod. The evaluation covered more than 100 law students from selected Metro Manilalaw schools. The law student interns, law school supervisors and officials from theOffice of the Ombudsman attended the evaluation. The evaluation revealed that the law

10 Former Senior Associate Justice Reynato Puno was appointed Chief Justice of the Supreme Court on December7, 2006.11 TAN was present during the January 19, 2007 interview of the following candidates: Court of Appeals (CA)Presiding Justice Ruben T. Reyes, Government Corporate Counsel Agnes Devanadera and CA Associate JusticeEdgardo Cruz. The other seven candidates -- Sandiganbayan Presiding Justice Teresita de Castro, SandiganbayanAssociate Justices Gregory Ong and Francisco Villaruz, Solicitor General Antonio Nachura, CA Associate JusticesPortia Hormachuelos, Roberto Barrios, and Conrado Vasquez -- were already interviewed by the JBC for the sameposition in February 2006, where TAN was also present.12 The JBC nominated Sandiganbayan Presiding Justice Teresita J. Leonardo-De Castro, Solicitor General AntonioEduardo B. Nachura, Court of Appeals Associate Justice Roberto A. Barrios, CA Associate Justice Portia AliñoHormachuelos, and CA Presiding Justice Ruben T. Reyes to the President on January 22, 2007. On January 31,2007, the President appointed Solicitor General Eduardo B. Nachura as the new Associate Justice of the SupremeCourt.13 Among the 3 cities subject of the study, Cagayan de Oro City had the most number of hearing postponements(57.8%) followed by Davao City (50.6%). General Santos had the least percentage of postponed hearings at 43%.


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students found the program very enriching and useful. They were also satisfied with thetasks assigned to them. Through the apprenticeship program, they were also able toappreciate the work being done by the Office of the Ombudsman. Some participantsindicated that as a result of the internship program they are considering working with thegovernment in the future. The Office of the Ombudsman was likewise pleased with boththe results of the project and the performance of the interns. Recommendations forfuture internship projects include: (a) lengthening the apprenticeship period; and (b)rotation of the students to different units/offices.

Davide Watch Gender Review project. Through a grant to the University of thePhilippines Center for Women Studies Foundation (UPCWSF), this project reviewed theAction Program for Judicial Reform and the Davide Watch (Chief Justice Hilario G.Davide s inaugural statement of priorities) in terms of gender and development in thejustice system. The research results were published in book format and the book entitledThe Davide Court and Its Contribution to Gender and Women s Rights was launched

on December 14, 2006. Around 100 guests from the academe, media, judiciary, women sorganizations, and donor institutions attended. Senior Associate Justice LeonardoQuisumbing delivered the keynote message while former Chief Justice Davide acceptedthe book. Co-chair of the Supreme Court s Committee on Gender Responsiveness of theJudiciary, Associate Justice Ma. Alicia Austria-Martinez, and Commission on HumanRights Chairperson, Purification Quisumbing, also graced the book launch.

Aside from identifying gender-related programs and policies of the judiciary, the bookalso featured trailblazing decisions on gender penned by Chief Justice Davide and othermembers of the Supreme Court during his term. The researchers concluded that theDavide Court has set the groundwork for mainstreaming gender in the judiciary throughinstalling strategic mechanisms for the promotion of gender and development, such as thecreation of the Committee on Gender Responsiveness of the Judiciary. But theresearchers also recognized the need to increase gender sensitivity in the courts andrecommended the development of a gender audit tool, collection of sex-disaggregateddata, and appointment of a gender focal person in the courts, among others.

1,000 copies of the book have been published, 200 copies of which were distributed toguests during the launch. The rest of the copies are being distributed to Justices of theSupreme Court and the Court of Appeals, Family Court judges, and other trial courtjudges. The UPCWSF expressed its intention to request additional funds to publish 1,000more copies to be distributed to the Integrated Bar of the Philippines Chapters, lawschool deans, and law school libraries all over the country.

e-Learning Modules Production on Remedial Law and Civil Law of the PhilippineJudicial Academy The Civil Law Module was completed during this reporting period.The Civil Law Course, which will run for five weeks, was opened on January 2, 2007with 183 enrolled participants. As of this writing, 100 participants have logged in. Theyare composed of judges from first- and second-level courts. The Remedial Law Course,


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on the other hand, is currently being finalized; this will be offered on-line from Februaryto March 2007. So far, 163 learners have enlisted for Remedial Law.

Survey of Judges: A Diagnostic Study of the Challenges in the Judiciary. InNovember 2006, the Social Weather Stations presented the results of the Survey Reporton the 2005/06 Survey of Judges: A Diagnostic Study of the Challenges to then ChiefJustice Artemio Panganiban. Highlights of the report were also posted in the SWSwebsite and released to the media in December 2006. Significant survey findings includethe following: (a) judges are satisfied with their compensation but fear for personalsecurity; (b) judges have heavy caseloads; (c) judges favor alternative dispute resolution;(d) judges appreciate training; (e) judges find increasing problems in the Rules of Court;(f) judges see improvement in the continuous trial system; and (g) judges see somecorruption.

Development and Pilot Implementation of an Enhanced Case Flow ManagementSystem for the First and Second Level Courts. This project involves the developmentand implementation of the enhanced Case Flow Management (CFM) System in six pre-selected areas, namely, Las Piñas City, Pasay City, Cebu City, Zamboanga City, DigosCity in Davao del Sur Province, and Agoo in La Union Province. The Foundationpartnered with Softrigger Interactive in developing the software for the system.

During this period, Softrigger engaged in scoping/immersion activities in courts tofamiliarize themselves of the court processes. Softrigger has developed and presented theproposed system to the Supreme Court s Committee on Computerization and Library andThe Asia Foundation, both of which have given inputs for the system s enhancement. InNovember 2006, the application was again presented to the Supreme Court and some 14judges from Davao del Sur, one of the project s pilot areas. Softrigger is enhancing thesystem based on the feedback provided. A users training of the application will followin the next period.14

III. Building Constituency for Reforms

Study on the Administration of the Code of Muslim Personal Laws. The study,conducted in partnership with the Social Weather Stations, aimed to assess the views ofMuslim influential leaders, Muslim scholars, and Muslim opinion makers in selectedareas15 as to how the CMPL can be better implemented and/or amended to best serve theinterest of Muslim Filipinos.

14 Users trainings in Davao, Zamboanga, Pasay and Las Pinas are scheduled in January 2006 while trainings inPampanga, Pangasinan and Cebu are scheduled in February 2006.15 Isabela City, Basilan; Jolo, Sulu; Cotabato City, Maguindanao; Bongao, Tawi-tawi; Marawi City, Lanao Sur;Iligan City, Lanao Norte; Zamboanga City; Kidapawan, North Cotabato; General Santos City; Davao City, Davaodel Sur; and Metro Manila (Taguig, Culiat, and Quiapo).


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Among the activities that have been undertaken in connection with the survey are thefollowing: (a) creation of a prioritized list of approximately 1,000 Muslim influentialleaders, Muslim scholars, and Muslim opinion makers in the selected areas; (b)workshops on the survey instrument; and (c) implementation of the agreed-upon surveyinstrument for approximately 600 Muslim influential leaders, Muslim scholars, andMuslim opinion makers, as well as 100 CMPL lawyers in selected areas.

The Social Weather Stations completed the fieldwork for the study, including the conductof focus group discussions and key informant interviews, during this period. It iscurrently finalizing its report based on the inputs of its legal consultant.

Establishment of the Bangsamoro Consortium of Lawyers and Training Support toWestern Mindanao State University (WEMSU) Law Students. The BangsamoroLawyers Network (BLN) was finally registered with the Securities and ExchangeCommission during the period. The BLN has also hired a full-time lawyer andadministrative staff to oversee the office in Zamboanga City. With the setting up of theoffice, the BLN continued consolidating the ranks of Muslim lawyers in Mindanaothrough continuous recruitment activities and capacity building seminars for its members,the most recent being a training on popular education

With regard to the second component of the project, 28 law students from WesternMindanao State University, Mindanao State University-General Santos, Notre DameUniversity and Ateneo de Davao University attended a Moro Law Intern Conference inDecember 2006. The law students participated in paralegal trainings and an internshipprogram during the previous reporting period. The conference gave the law students achance to share their experiences under their respective internships with the differentalternative law groups. As part of the output of the planning workshop, the studentsagreed to establish an Organization of Moro law Students in their schools.

Grassroots Education on the Code of Muslim Personal Laws: Increasing Access toJustice in Peace. Previous community-based studies supported by The Asia Foundationhave shown that grassroots information on the Code of Muslim Personal Laws is sparse.The lack of public information on the CMPL is one of reasons cited behind the lowcaseloads of the Shari a Courts established under that law. The sheer lack of informationabout the substantial and procedural aspects of the law hinders access to justice ofMuslims.

During this reporting period, the Bangsamoro Lawyers Network (BLN) core group conducted afour-day Module Development Workshop. The workshop covered the following topics: (a)Introduction and Overview of the Legal System; (b) Shari a Courts and the Code of MuslimPersonal Laws; (c) Civil and Political Rights; (d) Katarungang Pambarangay and AlternativeDispute Resolution; and (e) Legal Skills. During the workshop, the core group also plannedtheir initial activities, which included the conduct of a similar workshop this time for leaders of


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Peace and Development Communities (PDCs), Peace and Development Advocates Leaguerepresentatives and UNDP/ACT for Peace staff.

These workshops were accordingly conducted in the PDCs in Davao City in November 2006. 30participants attended and agreed to hold another series of paralegal trainings in selected PDCs inthe cities of Zamboanga, Cotabato, General Santos and Pagadian.16 A paralegal trainingimmediately followed in Zamboanga City in December 2006 with 40 participants from fivePDCs funded by the project in Basilan, Sulu and Tawi-tawi, and three UNDP-funded PDCsfrom Zamboanga City and Zamboanga Sibugay.

Publication and Dissemination of Materials Related to the Strengthening of Judiciary-Media Relations Initiatives. During this reporting period, the Asian Institute ofJournalism and Communication which developed the Guidebook for JournalistsCovering the Courts (with Glossary of Legal Terms for Journalists without LegalBackground) and Justices to Journalists, Journalists to Justices: A Reader on Judiciary-Media Relations and printed 1,000 copies each. These publications have beendistributed free of charge to print and broadcast journalists covering courts and to schoollibraries with journalism/communication departments. Identification of recipient-journalists and distribution were carried out through the Philippine Press Institute,Kapisanan ng mga Brodkaster ng Pilipinas, Justice and Court Reporters Association,Justice Reporters Organization, local press clubs, and the Philippine Association ofCommunication Educators. Initial feedback about the publications has been positive,with the Supreme Court Public Information Office recognizing their usefulness to bothjournalists and jurists.

IV. Public Information and Access to Justice

Promoting citizen awareness and participation in rule-making, the judicial reformprocess, and the rule of law

Enhancing the Capacities of Prosecutors in Handling Children s Cases. In 1999, theFoundation at the beginning of the USAID-funded RAJCA project, supported thegroundwork for a juvenile justice system. The Foundation partnered with the Cebu-basedChildren s Legal Bureau to establish the Juvenile Justice Network, a coalition ofgovernment agencies, non-government organizations and individuals advocating for therights of children in conflict with the law (CICL). The Network accomplished thedrafting of a juvenile justice bill, and organized workshops for lawyers and prosecutors inhandling CICL cases.

16 The participants agreed that the para-legal trainings will be held in PDCs which meet the following criteria: (a)conflict or post-conflict area; (b) with existing peace and order issue/problems; (b) commitment of the community;preferably with barangay resolution supporting the project; (c) poor area based on assessment made byPDALs/United Nations Development Programme; (d) recommendation from PDAL president/MNLF state chair.MNLF areas that are not PDCs shall also be considered.


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These efforts bore fruit as Republic Act No. 9344 or The Juvenile Justice and WelfareAct (JJWA) was enacted in May 2006; its Implementing Rules and Regulations wasissued two months later.

Since the JJWA provides for new child-appropriate procedures for dealing with childrenin conflict with the law, training the key implementers is essential for its proper andimmediate implementation. The Foundation thus partnered with (1) the Department ofJustice which has administrative supervision over the Juvenile Justice and WelfareCouncil17 and which is also the chair of the Special Committee for the Protection of theChildren (SCPC);18 and (2) the Child Protection Unit Network, Inc. (CPU Net), one ofthe NGO members of the SCPC.

The project is aimed at raising the awareness of prosecutors on the rights of the child andthe relevant laws protecting children; enhancing the prosecutors special skills in inquest,preliminary investigation, and prosecution of child-related cases; and developing child-sensitive techniques in handling children s cases. Special training of prosecutors isparticularly relevant with the enactment of the JJWA since under this law, prosecutorswill be performing new responsibilities such as the conduct of diversion proceedings anddetermination of a child s discernment. In order to achieve these goals, this project willconsist of two components: (a) development of a protocol on handling children s cases;and (b) training of at least 120 prosecutors nationwide.

CPU Net is currently preparing for the training of Mindanao-based prosecutors inCagayan de Oro City and Visayas-based prosecutors in Iloilo scheduled in February2007.

Video Conference on the Juvenile Justice and Welfare Act of 2006. Republic Act No.9344, or the Juvenile Justice and Welfare Act of 2006, was officially signed into law inMay 2006. Widely heralded as landmark legislation, it is expected to have a tremendousimpact on the conduct of the justice system in cases involving children in conflict withthe law. The Philippine Judicial Academy, as the training arm of the judiciary, hasrecognized the urgency of disseminating the new law to judges, and has recommendedvideo-link conference as a means of doing so.

17 The Juvenile Justice and Welfare Council was created by the Juvenile Justice and Welfare Act to oversee theimplementation of the law. It is composed of the Department of Justice, Department of Social Welfare andDevelopment, Department of Education, Department of Interior and Local Government, Council for the Welfare ofChildren, Commission on Human Rights, National Youth Commission and 2 non-government organizations(Consuelo Foundation and ERDA Foundation).18 This Committee was created by Executive Order No, 275 series of 1995 in order to implement the policy of thePhilippine Government to provide Filipino children with special protection from all forms of abuse, neglect,cruelty, exploitation and discrimination, and other conditions prejudicial to their development. The Committee iscomposed of eight government organizations and three non-government organizations.


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The PhilJA, through a grant from the LADR project, previously conducted asimultaneous Video Conference on the Juvenile Justice and Welfare Act in the cities ofAngeles, Cebu, Davao and Manila in July 2006. Around 180 participants composed offamily court judges, clerks of courts, court social workers, prosecutors, and publicattorneys attended. The participants were introduced to the concept of restorative justice,the salient features and procedural considerations in the implementation of the law, andthe links of juvenile justice and welfare with human rights considerations. The videoconference served as a venue for clarifying issues on the implementation of the JuvenileJustice and Welfare Act, particularly on the interpretation of age and procedures to befollowed.

The National Telecommunications Commission eRulemaking Project: PilotImplementation Phase During this period, the Cyberspace Policy Center for Asia-Pacific (CPCAP), the Foundation s partner organization in the implementation of thisproject, and the National Telecommunications Commission (NTC) conducted an on-linehearing on the use and operation of radio frequency identification technology (RFIT) .The on-line hearing demonstrated the dynamics of an on-line environment and exposedareas for improvement of the system. Thereafter, in August 2006, the NTC released itsRules and Regulations on RFIT taking into account the discussions during the on-linehearing. CPCAP again tested the working group e-commenting facility withrepresentatives of the NTC and selected individuals in November 2006. This was inpreparation for the testing of the public hearing facility, as well as the conduct of the e-consultation management training and public dissemination campaigns, which will beconducted in a future reporting period.

Public Education on the Rule of Law Advancement and Support (PERLAS) ProjectThe Lawyers League for Liberty (LIBERTAS) is currently finalizing the StudentHandbook for High School Students which can be used as a reference material by highschool students. The handbook discusses subjects on the rule of law, including legalstructures in the Philippines, components of the justice system and selected legalconcepts. In the memorandum of agreement forged with the Department of Education(DepEd), LIBERTAS conducted academic research, consultations among lawyers andeducators, writing and content-validation workshops for the development of teachingexemplars on the judiciary and the rule of law. On the other hand, the DepEd agreed toprovide the technical inputs on the current curricula for elementary and high school aswell as issue the appropriate official orders and regulations to ensure the effectiveimplementation of the project.

For this reporting period, LIBERTAS met with representatives of the DepEd, UNICEF(one of the funding partners of the project), and the Supreme Court s Committee onPublic Education to prepare for the projects next steps which include expert validation ofthe exemplars, teachers training, assessors orientation, and field testing. As a result ofthese, a new memorandum of agreement between DepEd and LIBERTAS was drafted tocover the second phase of the project. In the next period, preparations for the


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implementation phase of the project will ensue and the partners will meet to clarify thefunding of the various components of the second phase.

Film Documentary on the State of the Philippine Penal System. The Philippine penalsystem has been the subject of a number of published materials that present the starkrealities about the country s prison system. This project will produce a film documentaryon the state of the Philippine penal system. Unlike other existing film documentaries onthe subject, this project will produce a more extensive analysis of the system by initiallygathering stakeholders in a focus group discussion to identify problem areas and come upwith a concrete action plan that will be highlighted in the film. The project will featurejail conditions in Luzon and Visayas prisons through five to ten-minute videodocumentaries which can stand alone or can be shown together.

The Lawyers League for Liberty (LIBERTAS) is implementing the project with theJesuit Communications of the Ateneo Loyola Schools handling the film production, andthe Integrated Bar of the Philippines (Quezon City Chapter) and the Humanitarian LegalAssistance Foundation undertaking the research aspects.

LIBERTAS, with the assistance of the League of Cities of the Philippines, conducted 7jail visits in five cities in Luzon in December 2006, in order to find suitable jail facilitiesand officials that will accommodate the production requirements of the project. Each jailvisit involved interviews with city officials, jail wardens, prison guards, inmates and evenrelatives of inmates. Similar visits to jails in the Visayas are planned for the next period.The short films will have their own themes to be anchored on the life of inmates, thefamily of an inmate, a jail warden or other individuals or groups affected by jail life.LIBERTAS is considering a number of possible multi-awarded alternative film directors.The next reporting period will also be devoted to preparing the script, actual filmdocumentation, presentation, and dissemination of the product.

Promoting awareness and understanding of the Code of Muslim Personal Laws

In partnership with various Muslim civil society organizations and the Philippine JudicialAcademy, the Foundation has embarked on a series of activities aimed at promoting abetter understanding and ensuring proper implementation of the Code of MuslimPersonal Laws (CMPL) among lawyers, judges and court personnel, the Muslimcommunity, as well as non-Muslim judges of regular courts and other stakeholders.

Seminars on Strengthening the Implementation of the Code of Muslim Personal Laws.To pursue its goal of improving access to justice of Muslims in Mindanao as part of itsAction Program for Judicial Reform, the Supreme Court created the Department ofShari a and Islamic Jurisprudence within the Philippine Judicial Academy in April 2006.The Foundation has partnered with PhilJA in fulfilling the latter s mandate to provideadequate and appropriate training for lawyers and judges and to strengthen the system as


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an instrument for continuing legal reform in the administration of the Code of MuslimPersonal Laws (CMPL).

With Foundation support, PhilJA conducted seminars aimed at strengthening thecapacities of court personnel and regular court judges with respect to laws relevant toMuslims, Code of Conduct for Court personnel, as well as computer skills. The seminarsalso familiarized non-Muslim judges of regular courts and other stakeholders on thesalient features of the CMPL and sensitized them to the needs of the Muslim population.

Around 100 participants composed of Shari a Court and regular court judges andpersonnel in the provinces of Basilan, Sulu, Tawi-tawi, Maguindanao and Sultan Kudaratattended the seminars held in Zamboanga City in July 2006 and in Davao City inSeptember 2006. Representatives from local government units, the Commission onHuman Rights, Public Attorney s Office and the Integrated Bar of the Philippines alsoattended the seminars. The project has been extended to include similar seminars in thecities of Cagayan de Oro, Davao, and Zamboanga in March, April and May 2007.

Development of a Comprehensive Information-Education-Communication (IEC) Planon the Code of Muslim Personal Laws. Currently, there are no sufficient publiceducation and information systems existing on the justice system created under the Codeof Muslim Personal Laws (CMPL). Recognizing that a comprehensive and long-termapproach to legal reform in the Philippine justice system would require a strongcommunication component, the Foundation partnered with the Asian Institute ofJournalism and Communication in drafting a communication plan on the CMPL. Thedevelopment of this comprehensive communication plan is aimed at increasing thequantity and quality of information concerning the laws and legal and administrativeinstitutions affecting the Muslim population. The project includes a survey of existinginformation, education, and communication materials on the CMPL, development of acommunication plan and materials, publication and popularization of general informationbrochures and posters on the CMPL as well as a series of round table discussions forvalidation and enrichment.

The inventory of IEC materials on the CMPL was completed during this period and thereport will be finalized in the next reporting period. In December 2006, the Centerconducted separate focus group discussions and key informant interviews with around 58women and sectoral representatives, Shari a Court judges, lawyers and experts, and NGOrepresentatives in Marawi City and Cotabato City. The results of these discussions andinterviews will be used to develop the IEC Plan on the CMPL.

Legal Education Reform, Access to Justice, and the Implementation of the Code ofMuslim Personal Laws. Legal education supporting the justice system created under theCode of Muslim Personal Laws is riddled with systemic issues. While the Office onMuslim Affairs (OMA) has managed to train over 2,000 prospective Shari a Barexaminees, and has produced 336 Shari a counselors, its Shari a Development Program is


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severely limited in scope. The OMA, being the only accredited institution, is perceivedas the monopoly provider of the mandatory training. Beyond the mandatory trainingprovided to the examinees, there is no component for the continuous education of Shari acounselors, nor any component for the career advancement of the successful SpecialShari a Bar examinees. The need to involve recognized Islamic centers and law schoolsin finding solutions to the problems plaguing the legal system is urgent.

Mindanao State University (MSU) in Marawi City is a leading academic institutionoffering courses on to the Code of Muslim Personal Laws (CMPL), Islamic Studies,Islamic Law and Jurisprudence. The Foundation supported MSU in spearheading aproject on education reform for strengthening the human resource component of theCMPL. This project involves the conduct of a series of regional roundtable discussionsamong key stakeholders to achieve the following: (a) to discuss education and legalreform issues; (b) to arrive at a broad-based evaluation of the state of education primarilywith respect to the implementation of the CMPL; (c) to identify issues and problems ineducation with respect to the implementation of the CMPL; (d) to recommend solutionsto issues identified and directions for education reform; and (e) to come up with acomprehensive action plan for education reform.

Regional roundtable discussions in Cotabato, Marawi, and Zamboanga Cities have beencompleted during this period. The Center is preparing its report on the discussions.

Publication of a Legal Journal on the Code of Muslim Personal Laws of thePhilippines. In a previous study by Supreme Court and United Nations DevelopmentProgramme on the Institutional Strengthening of the Shari a Justice System, one of thefactors identified behind the low passage rate in the Special Shari a Bar was theinadequate preparation of the examinees. Specifically, the study cited the lack ofmaterials on the Code of Muslim Personal Laws written by authorities on the field. Thestudy emphasized the need to ensure the availability of good quality instructional andresearch materials in the substantive and procedural provisions of the Code to prospectivelegal practitioners.

With support from the Foundation, Mindanao State University s King Faisal Center forIslamic, Arabic and Asian Studies (KFCIAAS)19 will publish two issues of an academicjournal on the Code of Muslim Personal Laws (CMPL). The journal will contain articleson developments with respect to the implementation of the CMPL, comparative studiesof the CMPL and the New Civil Code of the Philippines, and related topics written byfaculty members of the Center and other experts. It is expected that this journal will bepublished regularly by KFCIAAS after the Foundation s initial grant. The journal isintended for the use of Shari a counselors, judges, court personnel, and students. The

19 The Center is one of the degree-granting units of the Mindanao State University, Marawi City, which has been atthe forefront of academic efforts to strengthen the Shari a Court System created under the Code of Muslim PersonalLaws of the Philippines.


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publication will hopefully generate continuing research and academic interest in thestrengthening of the implementation of the Code.

As of this reporting period, the Center is collecting and preparing articles for the firstissue of the journal. The topics for the first issue of the journal include: Issues and Factsin Muslim Penal Law, The Shari a Law in the Philippines, and Islamic Law in thePhilippines: A Legal Study of its Evolution.

Increasing Muslim women’s awareness of the Anti-Violence against Women andChildren Act

Popularization of the Anti-Violence Against Women and Children Act in the ARMM.One very important concern that surfaced in a Foundation-supported 2004 dialogue withMuslim women is violence against women. This is covered under Articles 52 and 53 ofthe Code of Muslim Personal Laws (divorce by faskh on ground of unusual cruelty).Due to the lack of familiarity of these provisions as well as cultural or traditionalpractices relating to marriage and situations of women, Bangsamoro women are stillunable to defend their rights, and are thus still vulnerable to violence. Moro people rarelydiscuss the occurrence of violence against women in their communities. Manyvehemently deny its existence as it runs counter to the core teachings of Islam.

With the enactment of Republic Act No. 9262 (2004), otherwise known as the Anti-Violence against Women and their Children Act, the Al-Mujadilah DevelopmentFoundation will continue to popularize the law among the Bangsamoro women, theirfamilies, and communities. This project will specifically undertake the translation of thepreviously developed English primer20 of the law into the five major Bangsamoro ethno-linguistic groups: M ranao, Maguindanao, Tausug, Yakan, and Sama, as well as thepublication of the illustrated and translated versions, including the English version. Thepopularized versions will be presented to the communities in the five areas of theAutonomous Region of Muslim Mindanao.21

As of this reporting period, the Maranao translation is about to be finished, while theYakan, Tausug and Sama versions are still undergoing translation. Translation of the lawin Maguindanao will commence next period. The translations, once finalized, will bepresented to the community for validation in the next reporting period.

Weaving the Muslim Community into Action for its Fight against VAW and forGreater Access to Justice. In a dialogue among Muslim and Christian women inZamboanga City organized in September 2005 by a consortium of women sorganizations represented by the Women s Legal Bureau (WLB), the following major

20 The Sentro ng Alternatibong Lingap Panligal (SALIGAN), an alternative law group, developed the Englishprimer of R.A. 9262.21 Marawi and Lanao del Sur; Maguindanao Province; Basilan; Sulu; and Tawi-Tawi.


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issues surfaced: (a) Muslim women lack of sufficient information and awareness of lawsand legal procedures that address violence against women (VAW) cases; (b) Muslimwomen lack access to justice; and (c) the existence of a tradition-bound outlook thatserves as a barrier to the filing of cases.

Building on the success of the initiative and taking note of the sporadic or minimal stepsbeing undertaken by the government to address the above issues, WLB, on behalf of theNGO consortium (now called MoroWeave), initiated this project aimed at addressingMuslim women s lack of adequate information and awareness of legal procedures andlaws that address VAW cases. To achieve this, the following activities will beundertaken: (a) training -workshop on VAW for Muslim women; (b) research; and (c)community orientation for people's organizations at the barangay level.

In this period, MoroWeave completed the community orientation, focus groupdiscussions, and research necessary to finalize the research design. Training workshopson VAW will start in Marawi City in January 2007.

Clinical legal education and access to justice by marginalized groups

Equal Access to Communication for the Deaf in Legal Proceedings. According to theNational Statistics Office, there are at least 121,000 deaf individuals residing in thePhilippines, nearly half of whom are women. It is estimated that as many as one in threedeaf women are raped, many of those being cases of incest. Deaf people have long beenmarginalized in society, particularly in the legal system, because of problems incommunication during legal proceedings. Within this context, the Philippine DeafResource Center, Inc. (PDRCI), in partnership with the Philippine Federation of the Deaf,Inc. and the Filipino Deaf Women s Health and Crisis Center, Inc., submitted a winningproposal to the World Bank s Philippines Development Innovation Marketplace,Panibagong Paraan (New Ways) 2006: Development and Equity. As a partner in theWorld Bank program, the Foundation gave a grant to PDRCI to implement this projectaimed at addressing the inequalities in access to communication by the deaf in thePhilippine justice system due to an absence of an organized and nationally mandatedsystem of sign language interpreting. The project involves the following activities: (a)development (creation, pilot-testing, improvement, finalization) of linguistically-basedinstruments for evaluating competencies in sign language and spoken English; (b)establishment of a sign language laboratory/facility with audio and video capabilities; and(c) conduct of information campaign through the production of a primer on deafness, signcommunication and interpreting; and (d) conduct of a national seminar for therecruitment and training of hearing interpreters.

During the reporting period, the Center finished compiling and drafting the audio andvideo testing materials. It is presently conducting trial studio recordings of voiceinterpreting and lecturettes (in both English and Filipino), and comprehension tests.During this reporting period, the Center also completed two sessions with deaf linguistics


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researchers and legal consultants where more than 70 legal terms were discussed fortranslation into sign language. The translation is a counterpart activity funded by theNational Commission for Culture and the Arts (NCCA). The Center is also in continuouscontact with the Women s Legal Bureau for the development of 300-term vocabulary listof legal terms to be translated into sign language. The results of the NCCA counterpartactivity will be presented in the national conference to be undertaken under this project.For the next reporting period, the Center will edit the test materials, conduct preliminaryanalysis of voice interpreting samples, and continue the study of literature on code-switching in Tagalog and English.

Community Access to Justice through the Recognition of Indigenous Justice SystemProject. Indigenous groups in the nine municipalities of Maguindanao, particularly theTeduray and Lambingan peoples, have long utilized a community-based indigenousjustice system. However, the imposition of a formal justice system, considered to beimpractical by these groups, has led to conflicts in the area. In light of the IndigenousPeople s Rights Act which recognizes the indigenous peoples right to use their owncommonly accepted justice systems and other customary laws and practices within theircommunities, the Lumad Development Center, Inc. (LDCI) conceptualized a project forthe promotion and recognition of the community-based justice system. LDCI submitted awinning proposal to the World Bank s Philippines Development Innovation Marketplace,Panibagong Paraan (New Ways) 2006: Development and Equity. As a partner of WorldBank on the program, the Foundation gave a grant to LDCI to implement a project aimedat enhancing the peace and development through the recognition, promotion, andimplementation of traditional justice and governance system. Among the expectedoutputs of the project are a publication about the tribal justice system and the constructionof a community justice hall.

In September and October 2006, three consultation workshops were conducted for thedocumentation of the indigenous justice system among about 30 indigenous communityleaders of Upi, South Upi and Ampatuan in Maguindanao. The Center is still working onthe training modules, and identification of training participants. As of this reportingperiod, the building of the Justice and Governance Hall is already 60% completed.

Filipino Muslim Survey on Law and Social Justice. Taking off from the results of theFebruary 2006 study on how the Code of Muslim Personal Laws can be betterimplemented, this project focuses on how the legal frameworks and institutions ofPhilippine laws and of Islam can be pivotal to the achievement of social justice by adultFilipino Muslims. Among other things, it will look into the Muslims values andattitudes concerning their basic rights, equality, and non-discrimination as a means ofachieving an adequate standard of living, the role of law in achieving socialtransformation, and the role of social justice as a means of achieving long-term peace.The views of Muslims residing in Muslim-dominated areas vis a vis those living inChristian-dominated areas will be compared. The study will be undertaken through a


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survey among 1,200 Filipino Muslim adults in six Muslim-dominated areas in theARMM22; and six Muslim areas in selected Christian-dominated urban centers23.

During this period, the Social Weather Stations concluded the fieldwork and dataprocessing for the survey. Preparation of the survey report is underway and marginalresults are expected to be submitted at the start of the next reporting period.

Research Paper on Discrimination and the Philippine Justice System.Pagbabago@Pilipinas Foundation, Inc., a network of individuals who wish to hasten themomentum of change in the Philippines, convened a series of roundtable forums underthe working title Prejudice and Pride: Roundtable Series Against Intolerance andDiscrimination. Each roundtable explores the complexity of discrimination, with focuson a particular sector in Philippine society media, entertainment, education, and justice.As a partner institution, the Foundation contributed to the series by engaging a humanrights lawyer, Atty. Ibarra Gutierrez III of the University of the Philippines Law CenterInstitute of Human Rights, to conduct a research study on discrimination in the Philippinejustice system. The research involved content and textual analysis of discrimination aspracticed, promoted, and perpetuated by the justice system. The study exploreddiscrimination in terms of class, gender, religion and ethnicity.

Atty. Gutierrez presented the research findings before the media, civil societyorganizations, and donor institutions in the Round Table Discussion on Pride andPrejudice held in December 2006 in Pasig City. Among the conclusions drawn from theresearch are: (a) discrimination based on the identified categories prevails throughout thePhilippine justice system; (b) this discrimination is of long-standing, and has beenhistorically reinforced by practice and through pronouncements of the Supreme Court; (c)despite contemporary developments in reforming the legal framework, particularly withthe adoption and/or integration of human rights principles in formal legal instruments,discrimination continues to be practiced and propagated within the Philippine judicialsystem; (e) much of the discrimination has been heavily institutionalized to the extentthat it has become matter of fact to various actors within the justice system, includinglawyers and members of vulnerable groups.

Strengthening Access to Justice of Vulnerable Groups through Video Production andTraining on Basic Legal Materials. Support was provided to the Upholding Life andNature (ULAN) organization for the production of video materials on civil and criminalprocedure, ADR law, and accountability of local government officials. The projectavailed of recent technological innovations for producing basic legal materials that couldbe used in reaching wider audience at a lesser time and manpower cost. A total of 100copies each of the video materials will be distributed to target organizations, such as theAlternative Law Groups, Philippine Association of Law Schools, legal government

22 Basilan, excluding Isabela City, Sulu, Maguindanao, Tawi-tawi, Lanao del Sur, including Marawi City.23 Iligan City, Zamboanga City, General Santos City, Davao City, Cotabato City, and Metro Manila.


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offices through the Department of Justice, Supreme Court, local government units, non-governmental organizations, and other civic organizations. All video shoots werecompleted during this period. ULAN is currently editing the videos based on thecomments gathered from their pre-screening. Regional distribution of the videos inManila, Baguio, Cebu and Davao is planned for the next period.

Jail decongestion and access to justice by overstaying prisoners

These projects consider the perennial problem of jail congestion in the country which hasarisen due to inadequate prison facilities for the corresponding number of prisoners. 24

The situation is attributed to various factors, such as numerous court vacanciesnationwide, decisions rendered after lapse of excessive time, and practice of jacking upbail bond premiums. The primary reason however is the lack of adequate legalrepresentation available to the accused, particularly the impoverished who could notafford to post bail or to appeal a court sentence. As a result, there are many overstayingprisoners in the Philippines.25

In partnership with the Integrated Bar of the Philippines (IBP)-Quezon City Chapter andthe Humanitarian Legal Assistance Foundation (HLAF), The Asia Foundation launchedjail decongestion projects in specific jails. The project being implemented by the IBPQuezon City Chapter arose from a previous project which successfully resolved cases of916 people, thus reducing overcrowding in the city jail. It is now expanding its efforts towomen and children detained in the Molave Youth Home and the Female Dormitory.The project is being implemented by at least 30 volunteer lawyers of the Integrated Barof the Philippines-Quezon City Chapter, in cooperation with lawyers from the PublicAttorney s Office and the Quezon City Public Assistance and Legal Affairs Office. Atotal of 500 overstaying prisoners are targeted to be released within the project period.As of November 2006, a total of 1,130 detainees have been released, 1,037 casesdismissed, and 1,017 sentenced.26 Of the 1,130 inmates, 145 are minors. During thisreporting period, the IBP Quezon City Chapter complemented its jail decongestion effortswith a lecture series on the Anti-Violence Against Women and Children Act and theJuvenile Justice and Welfare Act.

24 With an annual increase of 12% in the number of inmates based on the records of the Bureau of Jail Managementand Penology, existing prison facilities have been severely cramped over the years. Nationwide congestion rate hasbeen pegged at 200%, with the urban jails having as high as 400% of rated capacity, with inmates being terriblycrowded together.25 Overstaying prisoners are the following: (a) those who have already served the maximum penaltyimposable by law for the crime for which a detainee has been accused or is being tried; (b) those who havealready served the maximum period of the penalty imposed by the court; and (c) those who are qualified forparole, commutation of sentence, or pardon, as may be determined by the Board of Pardons and parole ofthe Department of Justice.26 Data of released prisoners from the following jails were recorded from March to November 2006. (a) QuezonCity: 859; b) Female Dormitory: 126 (c) Molave Youth Home: 145.


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Through HLAF, the Foundation also secured the immediate release of qualified andeligible detainees in Malabon, Navotas, and Valenzuela (MANAVA) jails.27 Althoughthe project was originally limited to MANAVA jails, HLAF s assistance effectivelyextended to children in conflict with the law from the Center for Restorative Activities,Development and Learning Experiences (CRADLE), a youth center in Bicutan, Taguigwhere minors from Metro Manila (including MANAVA jails) were transferred sinceFebruary 2006.28 Malabon alone has the most number of children in conflict with the lawdetained in CRADLE based on the records of the Department of Social Welfare andDevelopment National Capital Region.

From January to October 2006, HLAF was able to serve a total of 300 inmates, 154 ofwhom were released. 149 of those released are minors or children in conflict with thelaw. 29 Along with its jail decongestion efforts, HLAF conducted paralegal trainings forparalegal coordinators and other jail inmates. The activities focused on topics of criminallaw and procedure, the rights of the accused, Dangerous Drugs Act and the JuvenileJustice and Welfare Act.

A summary of The Asia Foundation-supported jail decongestion activities is in Annex C.

Auxiliary Jail Decongestion Initiatives

To complement the Foundation s jail decongestion initiatives, support was provided tothe Humanitarian Legal Assistance Foundation (HLAF) for the development of aDetainee s Notebook, a reference and guide material for all inmates that will containinformation of their personal and case profiles, including updates of their court cases, aswell as for a research on the Philippine Penal System and Its Implications on theAdministration of Justice, which will essentially provide a larger picture of the penalsituation of the country. Within the Detainee s Notebook component, the projectcontinued to conduct paralegal trainings for newly committed inmates in the Quezon Cityjail. Each paralegal training, which was attended by at least 30 inmates, providedinformation about the rights of the accused, criminal procedure, and the different modesof release. Final activities on the effective use of the Detainee s Notebook werecompleted during this period. As for the research, HLAF has completed a draft which isbeing finalized to date.

Another study conducted is an examination of the Comprehensive Dangerous Drugs Actof 2002 (Rep. Act No. 9165), the violation of which was considered as the topmost

27 Focus is made on these areas for the reason that their location also contributes to the worsening of the jails andprisoners condition the jails in these areas get flooded during high tide, and during these times, prison inmatescould be witnessed standing for hours in flood waters.28 The Department of Justice ordered the transfer of children in conflict with the law to CRADLE amidst calls toremove minors from prisons during the height of CNN reports on the plight of Filipino children in jails.29 The minors released come from the following detention centers: Malabon jail: 33; Navotas jail: 35; Valenzuelajail: 12; CRADLE: 69.


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criminal charge filed against persons in detention since 2003. Violation of the new lawhas apparently contributed to the increase in the number of persons detained consideringthat most of the offenses under the law are not bailable. The IBP-Quezon City Chapter ispresently finalizing its report which will include statistics about detainees involved indrug-related cases as well as a matrix of proposed amendments to the law.

PLANS FOR THE NEXT PERIOD

In the next reporting period, the Foundation will take steps to ensure that the currentefforts focused on solidifying the impact and addressing sustainability of ADR in thecourts will continue to be pursued, implemented, and sustained under the leadership ofthe new Chief Justice Reynato Puno. Continuing developments in the organizational andfinancial study of the Philippine Mediation Center, as well as progress in PhilJA smediation fund system, will be monitored to guide the Foundation on the directions ofcourt-annexed mediation in the country and consequent program work in this field.Outside of the courts, the Foundation will build on the gains of efforts for furtherinstitutionalization of ADR in selected executive agencies.

With respect to increasing judicial transparency and accountability, the Foundation willcontinue to support efforts to develop civil society court monitors in Mindanao, includingthe drafting of a court monitoring manual for civil society. The Foundation will continueto build on the modest successes of the dialogues between the Judicial and Bar Counciland the various sectors on the search, screening, and selection process for judicial postsparticularly in regions with high court vacancies. The dialogues with the stakeholders ofthe Office of the Court Administrator on the rules regarding conduct of pre-trial in civiland criminal cases in the first- and second-level courts and the use of deposition andmodes of discovery will also be undertaken.

To continue the reforms to improve efficiency in court administration, the Foundationwill remain at the forefront in the development and pilot implementation of an enhancedcase flow management software system in pre-selected areas to enable the courtsnationwide to effectively track the progress of its cases. Court capacity enhancementactivities geared towards increasing competence and improving accountability of thejudiciary will also be pursued with PhilJA through the on-line offering of e-Learningmodules on civil law and remedial law to lower court judges. Support will also beprovided to PhilJA s Department of Shari a and Islamic Jurisprudence for workshops onstrengthening the implementation of the Code of Muslim Personal Law.

The Foundation will continue to exert efforts to increase public information and access tojustice that have been initiated during the previous period, particularly in Mindanao. Inthe light of the implementation of the recently enacted Juvenile Justice and Welfare Actof 2006 and the activities of the Juvenile Justice Network, the Foundation will supportthe special training of prosecutors in the handling of children s cases. Building on the


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gains culled from its long term partnerships in jail decongestion activities, the Foundationwill also focus on how to seamlessly integrate into current efforts the imperatives underthe new juvenile justice law, including the incorporation of disaggregated data on minorsin the regular reports submitted to the Foundation by the partner institutions.

The Foundation will also focus on winding up activities in order to ensure the smooth andefficient closing of all grants in line with the scheduled September 2007 end of theprogram.


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ANNEX A

Over-all Court-Annexed Mediation Program

2004 2005 2006

The Asia FoundationReferred 18,494 22,626 14,915Actually Mediated 6,330 9,427 11,111Settled 4,987 6,538 6,919Failed 1,343 2,889 4,192

JURISReferred 1,783 3,119 2,478Actually Mediated 1,160 2,290 1,939Settled 912 1,088 1,240Failed 248 1,202 699

TOTALReferred 20,277 25,745 17,393Actually Mediated 7,490 11,717 13,050Settled 5,899 7,626 8,159Failed 1,591 4,091 4,891


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The Asia Foundation-Supported Court-Annexed Mediation Program

2004 2005 2006

Cagayan de OroReferred 376 725 460Actually Mediated 184 518 435Settled 154 217 243Failed 30 301 192

Metro DavaoReferred 746 536 1,137Actually Mediated 210 287 863Settled 158 185 472Failed 52 102 391

Metro CebuReferred 673 774 970Actually Mediated 167 302 627Settled 163 207 376Failed 4 95 251

Metro ManilaReferred 16,699 19,832 10,942Actually Mediated 5,769 8,080 8,182Settled 4,512 5,738 5,175Failed 1,257 2,342 3,007

General SantosReferred 152 472Actually Mediated 57 342Settled 41 235Failed 16 107

TaclobanReferred 607 934Actually Mediated 183 662Settled 150 418Failed 33 244

TOTALReferred 18,494 22,626 14,915Actually Mediated 6,330 9,427 11,111Settled 4,987 6,538 6,919Failed 1,343 2,889 4,192

ANNEX B

Number of Vacant Courts in Regions with Judicial and Bar Council Dialogues

Place of Dialogue No. of vacant courts withinsufficient number ofapplicants before the

dialogues30

No. of vacant courts withinsufficient number of

applicants after thedialogues31

Percentage of vacanciesfilled

Region I Ilocos 48 18 62%

Region VII Central Visayas 11 3 32 73%

Region X Northern Mindanao 24 14 42%

Region IV CALABARZON,MIMAROPA

48 24 33 50%

30 As of May 31, 200631 As of November 16, 200632 All vacancies are in Cebu. Bohol, which used to be one of the provinces with the most number of vacant courts, had a zero vacancy rate after the regionaldialogue.33 This figure was before the dialogue held in December 14, 2006. New data after the dialogue not yet available.


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ANNEX C

Summary of The Asia Foundation-Supported Jail Decongestion Project

IBP Quezon- City ChapterPhase II34

HLAF MANAVADecongestion Project35

Total

Time Period March November 2006 January October 2006A. Detainees Released36

(i) Men(ii) Women(iii) Minors (male &female)

1,130

(i) 996(ii) 134

(iii) 145

154

(i) 152(ii) 2

(iii) 149

1,284

B. Cases Dismissed 1,037 3 1,040C. Detainees Sentenced 1,017 - 1,017

34 The IBP Quezon City Chapter Phase II Project includes working for the release of overstaying prisoners confined at the Quezon City Jail, Camp KaringalFemale Dormitory, and Molave Youth Home.35 HLAF MANAVA Jail Decongestion Project originally includes working for the release of overstaying prisoners in Malabon, Navotas and Valenzuela(MANAVA) jails. However, in 2006, at the height of CNN reports on the plight of Filipino children in conflict with the law (CICL), children detained in MetroManila jails, including those in Valenzuela, Malabon, and Navotas, were transferred to the Center for Restorative Activities, Development and LearningExperiences (CRADLE) in Bicutan, upon the order of the Department of Justice. HLAF continued its commitment to assist CICL by extending its assistance tochildren in CRADLE even though they are not from MANAVA jails.36 Figures for men and women include minors.

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