It is my humble submission that judges-at-large be given an additional monthly stipend by the Supreme Court since they are foremost answerable to the Chief Justice.
Lawyers dreaming to be judges — now is your chance. This is a golden opportunity for my fellow compañeros y compañeras: 150 new judgeship positions have been created by virtue of President Rodrigo Roa Duterte’s stroke in signing the Judges-at-Large Act into law last 30 August, made public only last Wednesday, 25 September. Specifically, 100 Regional Trial Court (RTC) and 50 Municipal Trial Court (MTC) level positions will soon be up for grabs once the law’s implementing rules and regulations are finalized and published, and appropriate funding is allocated by the Supreme Court.
Republic Act 11459 was signed as part of the efforts to decongest the heavily clogged judicial system. This batch of judges-at-large will be appointed first, then assigned to any vacant RTC or MTC, and can be moved to jurisdictions where they are most needed. This way, the Supreme Court will have a free hand to transfer judges depending on the reports as to number of pending court cases, without permanency on the part of the judge-at-large.
The funny thing is that this law was enacted despite the reported 742 vacant judge positions in the entire Philippines, as of August 2019. If at all, this law’s enactment is an admission that appointment to the judiciary is not a fast process, and has an important political element that cannot be ignored. For instance, a lawyer applicant to the judiciary applies to vacancies in certain jurisdictions. In submitting an application, therein attached will be endorsement letters from politicians and government officials. It is better if it includes an endorsement from the local governor or mayor of the local government unit concerned. The Judicial and Bar Council screens the applicants and submits a shortlist to the Executive branch for consideration of the President. Here then starts another round of lobbying on who will actually be appointed by the President.
Appointment process of judges-at-large can be expected to be less political, but definitely not political-free. This batch will be treated like judicial mercenaries, NAVY Seals, Special Action Force members, who should be ready to be deployed wherever, whenever. Necessarily, the judge-at-large must deliberately be appointed young, barely getting over the minimum age requirement (e.g., 35 years old for RTC, 30 years old for MTC) with enough fire in the belly to churn out decisions amounting to the thousands.
Most certainly, judges-at-large must be cowboys in their own way. Recently, I had a discussion with a fraternity brod who was just appointed judge in a nearby province. I saw his office at the third floor of a rented space in a building near the city capitol. His court sala is in another building that is shared with the MTC; hence, hearings could not be held daily due to conflicts in schedule, and out of delicadeza since that is not their court. His office has stacks of case folders arranged on the floor; one has to zigzag his way through the room to reach the judge’s table.
Lobbying is made with the local mayor for a permanent office, but he says in jest that he is often “ghosted” or “seen-zoned” when he sends texts on this. (Note: There is still a question on which government is responsible for constructing the local Hall of Justice — the Supreme Court or LGU? But this should be for another column.) Nevertheless, his spirit is unperturbed and he is very much determined to make a difference as a trial court judge.
These are types of judges that we need — gung-ho, principled and hardworking. It is disturbing to hear reports about corrupt judges especially now that the judicial system has been under attack for months already with the abuses made with the Good Conduct Time Allowance Law. Also recently, reports of the “drug queen” from Sampaloc, Manila being in cahoots with local prosecutors and judges are also not helpful at all.
Under the new law, judges-at-large will receive the same salaries and benefits as RTC and MTC judges. However, a huge of part of the monthly compensation will not be available or uncertain for these judges-at-large — the monthly allowances from the local government — an unwritten but known custom in the trade. Although the judge-at-large will be assigned to a specific locality, which may give him/her allowance, nothing prevents the local chief executive from deciding not to give a monthly allowance to the judge-at-large.
Hence, it is my humble submission that judges-at-large be given an additional monthly stipend by the Supreme Court since they are foremost answerable to the Chief Justice, who may relocate them at any given time. This is something the Supreme Court should afford, having been approved a P55.66 billion budget by the House of Representatives last week.
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