Backlog of Court Cases

Team 5
Arianne Soriano
Ella Renz Sandoval
Precious Gem R. Sinsuan
Mary Kim Angiela Janson
Origin
The backlog of court cases in the Philippines has been a long-standing issue due to
a high volume of pending cases and severe delays in case disposition. This issue
denies citizens the ability to access swift and fair justice. The Supreme Court of
the Philippines has introduced several reforms to address these issues, such as the
revised guidelines for continuous trial of criminal cases (CT), which aims to
expedite trials and resolutions by imposing strict timelines on existing rules for
court action and introducing best practices for speedy disposition of criminal cases.
However, while these reforms have increased court efficiency, they have not
significantly reduced the backlog.

The Philippine judiciary has faced the challenge of court congestion, leading to
severe delays in case resolution and high levels of backlog. In response, the
judiciary has implemented several reforms in recent years, in line with the
government’s goal of providing “swift and fair administration of justice” to gain the
trust of its citizens and the confidence of the international community. A key
reform is the revised guidelines for continuous trial of criminal cases (CT),
implemented nationwide since September 1, 2017. The CT reform aims to expedite
trials and resolutions by imposing strict timelines on existing rules for court action
and introducing best practices for speedy disposition of criminal cases.
 Despite these efforts, researchers found that while the CT reform increased
court efficiency, it did not significantly reduce the backlog. The CT reform
increased clearance rates by between 35-36 percentage points, but there was
no movement in disposition rates, suggesting that while the reform increased
court efficiency, it did not significantly reduce backlog. The CT reform
effectively reduced case duration by 55-61 days (10-14 percent), increasing
the proportion of cases disposed within 180 and 330 days, but it did not
significantly reduce the overall backlog of cases “Impacts of Judicial Reform
in Criminal Case Procedures on Court Congestion in the Philippines | IPA”.
Causes of Backlog of Court Cases

The backlog of court cases in the Philippines is caused by several factors

1. High Volume of Cases: The high volume of pending cases is one of the
main reasons for the backlog. The lower courts in the Philippines handle
more than a million cases in a year, leading to a substantial delay in the
resolution of cases
2. Inadequate Resources and Personnel: The Philippine courts often
face issues such as inadequate resources, insufficient court personnel,
and complex bureaucratic procedures, which contribute to the delay in
case resolution
3. Criminal Cases: The Supreme Court noted that 80% of the backlog in
the first- and second-level courts involve criminal cases, and that delays
in those cases are caused mainly by a lack of prosecutors, absence of
prosecution witnesses, and lack of Public Attorneys’ Office (PAO) lawyers
Causes of Backlog of Court Cases

 4. Postponements and Delays: Delays are often caused by repeated

postponements in court procedures. The Supreme Court observed that
about 40% of criminal cases are dismissed annually because
complainants give up coming to court after repeated postponements
 5. Influx of Cases: A surge in the inflow of cases can affect the
impact of reform measures. Even with reforms and initiatives to
increase court efficiency, the influx of new cases can still contribute
to the backlog
 6. Lack of Awareness and Enforcement: There is a lack of awareness
and enforcement of the right to a speedy trial among the judiciary
and the public, which further undermines the effectiveness of this
right
Effect of Backlog of Court Cases

 The backlog of court cases in the Philippines has several effects:

 1. Denial of Swift and Fair Justice: The high volume of pending cases
and severe delays in case disposition deny citizens the ability to
access swift and fair justice. This can lead to a lack of trust in the
judicial system and can negatively impact the perception of justice in
the country
 2. Economic Impact: The backlog and delays in court cases can deter
foreign investment. The Supreme Court observed that few foreign
businessmen make long-term investments in the Philippines because
its courts are unable to provide ample and speedy protection to their
investments, which keeps its people poor
Effect of Backlog of Court Cases

3. Inefficient Judicial System: The backlog of cases can lead to an

inefficient judicial system, where cases take a long time to resolve. This
can lead to frustration among those involved in the cases and can also
contribute to the public’s negative perception of the judicial system.
 4. Impact on Criminal Cases: The backlog has a significant impact on
criminal cases. The Supreme Court noted that about 40% of criminal
cases are dismissed annually because complainants give up coming to
court after repeated postponements.
 Effect of Backlog of Court Cases

5. Overload of Cases: The overload of cases in trial courts across the

country can lead to a strain on resources and can impact the ability of
the courts to function effectively.
6. Access to Justice: The backlog of cases can impact the poorest
Filipinos’ access to justice. Due to the serious and debilitating backlog of
civil cases in the Philippines, citizens must often wait years to resolve
basic litigation
7. Violation of Constitutional Mandate: The backlog of cases can
potentially lead to a violation of the constitutional mandate that all
cases must be decided or resolved within certain time frames
Government Action:

 The Philippine government has undertaken several initiatives to

address the backlog of court cases. These initiatives include:
 1. Court Decongestion Program: The Philippine Congress provided
funding to the Philippine Supreme Court for the hiring and training of
more than 600 court decongestion officers. These officers are tasked
with continuing the Court Decongestion Program, which was designed
to lessen the case backlog in overloaded court stations. From 2012-
2015, the program resulted in the disposal or archival of 16,518
pending cases across 119 court branches
 2. Revised Guidelines for Continuous Trial of Criminal Cases
Initiative: This initiative is aimed at streamlining delay-prone phases
of litigation. The initiative was piloted in Quezon City in 2012 and
resulted in an average decrease in case processing time of more than
60 percent. Due to the success of the pilot, the Philippine Supreme
Court prioritized the reforms for nationwide rollout in October 2016.
Government Action

 3. Impeachment: The Filipino League of Advocates for Good

Governance has filed an impeachment complaint against an associate
judge of the Supreme Court of the Philippines for culpable violation of
the constitution and betrayal of public trust
Solution:
There are several perspectives and proposed solutions to address the
backlog of court cases in the Philippines:
1. Supreme Court Initiatives: The Supreme Court has been working to
confront the problem and find remedies. One such initiative is to warn
the bench and the bar to observe the hierarchy of courts and to file
cases with factual issues in the proper lower courts, otherwise, they
would be summarily dismissed.
2. Relegation of Minor Cases: One proposed solution is to throw out
nuisance and minor cases, or relegate them to where they belong. The
Supreme Court has accepted many decisions that belong in lower courts,
which has contributed to the backlog. It is suggested that the Supreme
Court should only accept cases that challenge the constitution or can set
important precedents.
 3. Increased Funding: The Philippine judicial system is grossly
underfunded. To expedite the resolution of cases, judges definitely
need higher salaries and a bigger allocation for their staff, office
supplies, transportation, and the operations and maintenance of a
courthouse
Solution

4. Embracing Mediation: Mediation can help resolve conflicts, reduce

case backlog in the courts, and provide quicker access to justice. It is
suggested that court users and judicial officers need to embrace
mediation and the habit of starting a case and finishing it instead of
accumulating several partially heard matters
 5. Operation Zero Backlog: This is a kind of judicial “bayanihan”
whereby old cases were surrendered to a pool from which the justices
who had light caseloads voluntarily took them out and decided them.
This was successful in reducing the backlog to about 200
 Sources:
 "Impacts of Judicial Reform in Criminal Case Procedures on Court Congestion
in the Philippines | IPA".
 "Justice System In The Philippines - 1659 Words | www2.bartleby.com".
 "Impacts of Judicial Reformin Criminal Case Procedures on Court Congestion
in the Philippines | IPA".
 "‘80 percent of backlog involve criminal cases’ | The Personal Website of
Retired Chief Justice Panganiban".
 The Personal Website of Retired Chief Justice Panganiban".
 "Impacts of Judicial Reform in Criminal Case Procedures on Court Congestion
in the Philippines | IPA".
 "Answers to: Write an essay about Conclusion about right to speedy trial in
the Philippines".
 “Impacts of Judicial Reform in Criminal Case Procedures on Court Congestion
in the Philippines | IPA”.
 “’80 percent of backlog involve criminal cases’ | The Personal Website of
Retired Chief Justice Panganiban”.
 "Duterte allows appointment of judges-at-large to address cases backlog |".
 "ABA ROLI Helps to Establish a Small Claims Court in the Philippines".
 "Hackles on judicial delays | Inquirer Opinion“
Sources
[^1^]: Judicial Reform Initiatives Gain Nationwide Momentum in the Philippines
[^2^]: Petition · Impeach Justice Marvic for failure to file 15 years of SALN and
having most backlog cases · Change.org
[^3^]: Confronting SC’s mounting backlog | Inquirer Opinion
 [^4^]: Philippines: Surge in killings of lawyers and judges shows justice system
“in deadly danger” – Amnesty International
 [^1^]: Confronting SC’s mounting backlog | Inquirer Opinion
 [^2^]: Rebuild the legal system | Inquirer Opinion
 [^3^]: Principal Judge Bamwine tips on solving case backlog – PML Daily
THANK YOU