ADB Promoting Enhanced Judicial Independence in the Philippines

MANILA, PHILIPPINES - ADB is supporting the Supreme Court of the Philippines in undertaking key reforms to strengthen judicial independence, effectiveness, and efficiency through a $800,000 grant.

The technical assistance (TA) grant follows one of $1.2 million provided in 2001 that resulted in the adoption of key recommendations to decentralize the judiciary’s administrative and financial operations, improve the judicial appointment system, and strengthen judicial training. The new grant will further support the Supreme Court in carrying out recommendations to decentralize its administrative and financial operations.

Both grants are from ADB's Japan Special Fund, financed by the Government of Japan.

“The Philippines has demonstrated significant leadership in developing a comprehensive set of reforms under the Action Plan for Judicial Reform (APJR),” says Rajat M. Nag, Director General of the Southeast Asia Department. “However, capacity and budgetary constraints have slowed the pace of reforms relating to fiscal and administrative operations.”

The APJR was adopted in 2000 by the Supreme Court to develop an independent and accountable judiciary worthy of public trust and confidence.

Although fiscal autonomy of the judiciary is provided for in the Philippine Constitution, the courts are still funded primarily by the national budget, with release of funds subject to the Department of Budget and Management’s review and approval, which undermines such autonomy.

“A new administrative structure is essential to enabling the Supreme Court to exercise fiscal autonomy and improve accountability,” says Arthur M. Mitchell, ADB’s General Counsel.

The TA will assist the court in devising new operating procedures and systems for the administrative and financial management bodies for the Supreme Court, appellate and special courts, the Philippine Judicial Academy, Judicial and Bar Council, and the Office of Court Administrator.

Thirteen to 19 decentralized regional court administrative offices (RCAOs) are planned for trial courts. A pilot Regional Court Administrative Office will be set up in the Central Visayas region.

The grant will also develop a framework for a national justice information system, which will manage information coming from all pillars of justice (judiciary, police and law enforcers, prosecutors and public defenders, and corrections system).

The TA will also help promote adoption of a uniform approach to reforming the justice sector in coordination with other development partners. It will assess all strategic long-term strategies that have been prepared for the sector, as well as develop short- and long-term initiatives and identify priority investments.

The grant, which will be executed by the Supreme Court, is due for completion around October 2007.

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