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Judges hope to unclog dockets

BAGUIO CITY (Sept. 15) — Apparently looking for ways to rid the courts of piling cases, four judges talked on ways to unclog their respective salas from cases, including that of the traditional peace-keeping systems like the bodong as practiced in some Cordillera provinces.

News had it that cases are piling up in any court sala nationwide. Judge Edilberto Claravall of the Regional Trial Court, Branch 60 today advised barangay captains to draw respect from their respective constituents to be able to solve cases at their level and avoid raising disputes to the courts.

“Barangay captains must first have the moral ascendancy before they could be able to act as a conciliator, not a judge between two contending parties,” Claravall said during the court-media dialogue at the Justice Hall, here.

Claravall also underscored an honest-to-goodness effort to conciliate so that cases would be resolved in the barangay level.

With Claravall were three other judges, namely Municipal Trial Court in Cities (MTCCs) Judge Clarita Tabin of the MTCC Branch 4, MTC Francisco Pamintuan of Branch 3 and RTC Judge Clarence Villanueva who agreed that there are alternative dispute resolutions that can help unclog the court’s docket.

Bodong way

Aside from the Lupong Tagapamayapa (village council), which aims to resolve conflicts at the village level, ethnic or indigenous justice systems like the bodong (peace pact) and other out-of-court settlements, are encouraged. The judges said Baguio City is chosen among the mediation centers in the country.

Tabin said she does not frown against the bodong as a means to settle disputes. “Mas mahal nga lang,” (It is more expensive, though) Tabin said comparing the indigenous system to the filing of legal cases. “Provided both parties agree and are willing to settle (out-of-court), why not?” she beamed.

Tabin’s findings, though, run contrary to an earlier study the Bodong People’s Organization (BPO) made that revealed that more village folk in Kalinga, Mountain Province and Abra resort to the bodong because they find it costly to pursue cases through the Philippine legal system.

Villanueva said, however that the bodong should be formalized as a means of mediation in proper courts. He said there is no law yet adopting the bodong.

The judges disclosed that each of them receives an average of 25-40 cases monthly and disposes of 10 cases per month, at most. In Tabin’s sala for instance, there were 2,825 criminal cases as of June this year and only 172 were disposed of. Of more than 200 civil cases received during the same period, 25 were disposed of.

They said, they prioritize the disposal of criminal cases than civil cases, which may be resolved through alternative dispute resolution methods before the trial begins.

“There is such a thing as “judge de areglo,” one of them said, “Because we try to settle cases without necessarily pre-judging.” They said the practice is now acceptable.

Claravall maintains that aside from strengthening the barangay courts, alternative dispute resolutions will help unclog the court dockets. # Lyn V. Ramo for NORDIS

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