Problems with the Philippine Justice System

The traditional independence of the courts had been heavily compromised in

the Marcos era. Because the 1973 constitution allowed Marcos to fire
members of the judiciary, including members of the Supreme Court, at any
time, anyone inclined to oppose him was intimidated into either complying or
resigning. None of his acts or decrees was declared unconstitutional. The
thirteen Marcos-appointed Supreme Court justices resigned after he fled, and
Aquino immediately appointed ten new justices. [Source: Library of Congress,
1991 *]

The Philippines has always been a highly litigious society, and the courts
often were used to carry on personal vendettas and family feuds. There was
widespread public perception that at least some judges could be bought.
Public confidence in the judicial system was dealt a particular blow in 1988
when a special prosecutor alleged that six Supreme Court justices had
pressured him to "go easy" on their friends. The offended justices threatened
to cite the prosecutor for contempt. Aquino did not take sides in this dispute.
The net effect was to confirm many Filipinos' cynicism about the impartiality
of justice. *

Justice was endlessly delayed in the late 1980s. Court calendars were
jammed. Most lower courts lacked stenographers. A former judge reported in
1988 that judges routinely scheduled as many as twenty hearings at the same
time in the knowledge that lawyers would show up only to ask for a
postponement. One tax case heard in 1988 had been filed 50 years before, and
a study of the tax court showed that even if the judges were to work 50
percent faster, it would take them 476 years to catch up. Even in the
spectacular case of the 1983 murder of Senator Benigno Aquino, the judicial
system did not function speedily or reliably. It took five years to convict some
middle-ranking officers, and although the verdict obliquely hinted at then-Chief
of Staff General Fabian Ver's ultimate responsibility, the court never directly
addressed that question. *

The indictment of former Minister of Defense Enrile on the charge of "rebellion

with murder" shows that the courts can be independent of the president, but
also that powerful people are handled gently. Enrile was arrested on February
27, 1990, for his alleged role in the December 1989 coup attempt in which
more than 100 people died. Because Enrile was powerful, he was given an air-
conditioned suite in jail, a telephone, and a computer, and a week later he
was released on 100,000 pesos bail. In June 1990, the Supreme Court
invalidated the charges against him. A further test of the court system was
expected in the 1990s when criminal and civil charges were to be brought
against Imelda Marcos. In 1991 Aquino agreed to allow the former first lady,
who could not leave New York City without the permission of the United
States Department of Justice, to return to the Philippines to face charges of
graft and corruption. Swiss banking authorities agreed to return
approximately US$350 million to the Philippine government only if Marcos
were tried and convicted. Marcos did not seem to be reluctant to face the
Philippine courts. *