Preserve judicial independence

It is very important to maintain and preserve the independence of the judiciary.
In college political science, we learned that there are three branches of government, i.e. the executive department, the legislative and the judiciary.
The basic political concept is that these three branches must be co-equal with, and independent of, each other.
In other words, neither department is superior, or subordinate to the other.
But is this the reality?
So let's have a reality check.
Last week we reported that the local judiciary in Cebu has ranted against what they claim is "bullying" by the local executive department, the provincial government of Cebu.
The Cebu judges refered to the threats to cut off their monthly allowances, if judges issued rulings not favorable to the local governments.
I was in Bohol a few days ago, where I also got a glimpse of the state of the independence of the local judiciary there.
The Bohol Chronicle reported that two regional trial court judges have already inhibited in a case involving the Tagbilaran city government as the respondent.
I don't know if the judges there consider cases involving the city government like "hot potatoes": Drop it at the first chance.
Ngano kaha?
Why are some judges seemingly allergic to cases that involve the city or provincial government?
Let's try to search for possible causes.
The story in Tagbilaran is that concerned citizens sued the city government alleging there is a "sweetheart deal" between the city and an investor of their public market complex.
The concerned citizens are praying for a temporary restraining order agasint the city government.
But there is yet no T.R.O. because the case is passed from one court to another (like basketball: pasa-pasa).
The latest RTC judge to inhibit in this Tagbilaran case is Judge Baudillo Dosdos, just minutes after the judge received a motion to inhibit by the concerned citizens-petitioners, according to the Bohol Chronicle.
The first judge to inhibit was executive judge Fernando Fuentes III who also inhibited himself after receiving a motion to inhibit by the city government's counsel.
The city's legal counsel cited the judge's prior inhibition in cases involving the city government.
Why does this good judge inihibit when a case involving the city government is raffled to him?
Ah, I forgot.
There was a motion to inihibt.
So, inhibit.
Sometimes, I can't help but liken and "analogize" inhibition as a nice and convenient parachute.
In the local level, is the judiciary co-equal, or subordinate to the other branch of governemnt?
This question lingered in my mind during the holidays.
From my end, I was concerned.
So, I was prompted to write Judge Gabriel T. Ingles RTC Branch 58 of Cebu.
Judge Ingles is the designated spokesman for Cebu judges, as they express their sentiments against moves to undermine judicial independence.
I expressed my support and solidairty to Cebu judges in their moves to threaten judicial independence.
Below is my letter to Judge Ingles.

Cebu judges cry foul

Happy New Year!
Despite the looming global crisis, I pray for a blessed year ahead for all of us.
Let us live each day, as it comes, the best way we can.
Let me quote an old saying, echoed in my son Joshua’s favorite animated movie Kung Fu Panda:
“Yesterday was history.
Tomorrow is a mystery.
Today is a gift---that is why it’s called “present.”
-o0o-
A raging issue in neighboring Cebu is what many judges in Cebu think is a continuing move to threaten the independence of the judiciary there, by local government executives.
The story is that judges have noticed that the local government, particularly the provincial government, would “cut-off” allowances to judges who issue rulings unfavorable to the local governments.
Cebu judges have met and will issue a formal statement condemning this attempt to “bully” the local judiciary.
Some judges have waived any allowance given to judges by local governments.
Here is that headline story published in the December 20, 2008 issue of the Cebu daily News.

"‘WE WILL NOT BE BULLIED’
Cebu Daily News (Saturday, 20 December 2008)
by Ador Vincent Mayol
CORRESPONDENT

Judges in Cebu are moving to assert their judicial independence.
Judge Gabriel Ingles of the Regional Trial Court (RTC) Branch 58 is drafting a resolution condemning threats made by local government units to withhold allowances of judges who make decisions unfavorable to local officials.
“The cutting off of judges’ allowances should not threaten us. We will not be bullied by anybody. We will not succumb to the pressures,” said Ingles, who was designated spokesman of the Palace of Justice last month.
He said the one-page statement will be circulated among judges in Cebu city and province and then will be sent to the Cebu provincial government and the Supreme Court.
The statement stemmed from the reported threat made by Capitol security consultant Byron Garcia to cut off the allowance of Danao CityJudge Edito Enemecio of RTC Branch 25 for ordering the transfer of three prisoners to Cebu Provincial Detention and Rehabilitation Center (CPDRC).
Garcia, in a phone interview, said that while it was the right of the judges to issue such a statement, he said he was misquoted in a news item published in a local daily.
“ Wa ko niingon putli ug allowance. Namisquote ra ko. Ang statement nako makasave ang province kun dili siya modawat ug allowance (I didn’t say his allowance should be cut off. I was misquoted. My statement was that the province can save money if he would not receive an allowance),” he said.
Ingles said the draft statement mentions that the claim of Garcia that he was misquoted “seemed to be doubtful” because there was already a precedent.
He was referring to the case of RTC Judge Bienvenido Saniel whose name was deleted in the roster of judges who are receiving monthly allowances from the province.
When Saniel learned about the removal of his name last October, he wrote to Gov. Gwen Garcia, asking her not to restore his name in the list.
Saniel was the judge who dismissed the petition filed by the province questioning the authority of Cebu City Mayor Tomas Osmeňa to appoint directors of the Metropolitan Cebu Water District.
RTC judges in Cebu receive P6,000 a month from the province. The amount has varied over the years, but the grant of an allowance has been a practice of several administration and is allowed by the Supreme Court.
In the October incident, Ingles and RTC Judge Meinrado Paredes immediately waived their allowances from the province to sympathize with Saniel and to uphold the principle of judicial independence.
The threat to remove the allowance of judges who make unfavorable decisions was discussed informally among judges during a conference in Argao town this week, said Ingles.
They agreed that it was about time the judges issued a statement on the issue.
Ingles said he was drafting a statement as requested by Paredes, who is now RTC executive judge, to be circulated among the judges for their signature on Monday.
Judicial independence is so important that it is considered the “soul of the judiciary.” said Ingles.
“Even if there are threats to cut off the allowance or physical harm, judicial independence should be upheld whatever the cost.”
Ingles said the main purpose of the group statement was to let all local government units know that judges would never be threatened or intimidated by threats made by the government officials.
Ingles said that any judge, either in the Municipal Trial Court in Cities, Municipal Trial Court or the RTC, can sign the statement.
He (Executive Judge Paredes) said the judiciary should not be bullied by anyone because it is the “last bulwark of democracy.”
Paredes said each branch government – judiciary, executive and legislative – has its own functions.
The legislative branch is tasked to make laws while the executive branch implements these, he said.
The role of the judiciary is to interpret the law and to resolve conflicts."

Threatening judicial independence

December 23, 2008

Hon. Gabriel T. Ingles
Branch 58 Presiding Judge
Regional Trial Court
Cebu City

Dear Judge Gabriel Ingles,

Maayong Pasko.


I write after reading the headline of Cebu Daily News (December 20, 2008) regarding a statement that Cebu judges are drafting a statement "condemning threats made by local government units to withold allowances of judges who make decisions unfavorable to local officials."
Judge, if it is possible I would like to have a copy of this statement for circulation/publication in our local newspapers.
Maybe you can email a scanned copy, if it is not too much to ask.
I anticipate this to be a bold statement for judicial independence.
I think, based on my experience in handling cases involving local government units and officials, it is very important to maintain the independence of the judiciary.
I also think it is time that any form of allowance to judges by local government units should be discontinued.
I commend and appreciate that concientious judges like you, have waived allowances from local governments, as the news reported.
This should be followed by all judges, not only in Cebu, but in the entire country.
It appears that sometimes, there are some local officials who arrogantly evoke a posture of judicial invincibility everytime they are hurled in court, or everytime they harrass a citizen to court.
Some people cannot avoid but somehow think---rightly or wrongly---that this misplaced arrogrance by some local officials has a connection with the public funds that are chanelled to the local courts and to judges (and even city prosecutors) themselves, as reflected in the local government budget.
Of course, no one is accusing that judges or prosecutors can be influenced by reason, or in consideration of the allowances that local government units provide for the local courts.
But sometimes, one cannot help but be suspicious.
Since judges are supposed to be beyond reproach, above suspicion, I think it is better for the admnistration of justice that once and for all, any form of allowance should no longer be allowed.
Perhaps judges can, as a start, voluntarily waive the allowances like what you have done.
We will campaign in the Supreme Court to disallow this practice altogether.
Anyway, the salaries and allowances of judges have already been increased.
Our concern is that if this ugly pratice is not stopped, inevitably, somewhere down the road, some local officials might think---albeit erroneously---that the regular allowances to judges have some strings attached.
In any event, whatever benefits are derived by the granting of allowances to judges (or prosecutors) by local governments, are far outweighed by the higher interests of maintaining the independence of the judiciary.

Daghang salamat, judge.
Merry Christmas to you and your famiy.

Very truly yours,
Jay Dejaresco