Justice targets zero backlog

To clear his office of a backlog of cases and petitions before he bows out of service on June 30, Justice Secretary Alberto Agra says that he has tapped 25 more lawyers to help him resolve the motions for review involving more than 700 pending cases.

Agra said he has already resolved 404 or 35 percent of the 1,147 pending motions as of June 4.

The Justice Secretary said that these cases ranged from parricide, homicide, murder, rape, estafa, falsification of public documents, theft, robbery, malicious mischief, bouncing checks, child protection and violence against women, libel, slander, oral defamation, perjury, reckless imprudence, grave coercion to as grave as kidnapping.

Out of the 404 resolved MRs, 71 or 18 percent were granted and 333 or 82 percent were denied.

“Some of these cases have been filed before the prosecutor’s office as early as 1997.

The outgoing Justice head expressed optimism that he would be able to achieve his goal of zero backlog before he steps down from office on June 30 as more lawyers are now working with him overtime in reviewing the petitions.

“We work even on Saturdays and Sundays in order to meet my self-imposed objectives of resolving these MRs,” the Justice secretary said.

While he wants the expeditious resolution of these cases, Agra assured that he “will not sacrifice efficiency and “judicious evaluation with speed,” which would be based on the available documents and records.

Meanwhile, Agra also announced that he has issued five circulars covering the automatic review of anti-smuggling cases (Department Circular No. 38); automatic review of dismissed cases involving Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 (Department Circular No. 39); consolidated rules and regulations governing the issuance and implementation of hold departure orders (HDO), watchlist orders (WLO), and allow departure orders (ADO) (Department Circular No. 41); guidelines on the investigation and referral of cases to the department of agrarian reform pursuant to Section 19 of Republic Act No. 9700 or An Act Strengthening the Comprehensive Agrarian Reform Program (CARP) (Department Circular No. 40) ; and the mechanics for the Maguindanao Massacre Benefit Fund (Memorandum Circular No. 06).

Department Circulars No, 38 and 39, according to Agra, aim to speed up the resolution of smuggling and drug-related cases for the benefit of the accused while giving the government an opportunity to review the findings of the prosecutors.

Under the said circulars, the entire records of the case shall be elevated to the office of the justice secretary within three days from issuance of the resolution dismissing the complaint or appeal.

On the other hand, Department Circular No. 41 lays down the requisites for applying for an HDO, WLO and an ADO.

It noted that the validity period of any HDO or WLO issued pursuant to said circular shall be reckoned from the date of its issuance.

The HDO shall be valid for five years unless sooner terminated while WLO shall be valid for 60 days unless sooner terminated or extended.

On the other hand, Department Circular No. 40 provides guidelines for referral of cases to the Department of Agrarian Reform when there is an allegation by any of the parties that the case involves agrarian dispute and one of the parties is a tenant, lessee, farmer-beneficiary, farmer, or farm worker.

Meanhile, Agra said he would try to come up with a decision today on the petition filed by the Ampatuan patriarch who sought to replace the entire panel of prosecutors handling the November 2009 massacre of 57 people in Maguindanao.

Agra said whatever his decision should not hamper the prosecution of the massacre case.

Two suspects, fomer Gov. Zaldy Ampatuan and Akhmad “Tato” Ampatuan Sr. filed the petition seeking to disband the prosecutors’ panel for defying Agra’s resolution dismissing the case for lack of evidence and for showing extreme bias against the suspects.

Agra said his relations with the prosecutors who staged a walkout after he issued his controversial resolution normalized. He took back his resolution.

The panel includes Chief State Prosecutor Claro Arellano, Asst. chief state prosecutor Richard Fadullon, state prosecutors Rosanne Elepano-Balauag, Leo Dacera III, Lamberto Fabros, Aldrin Evangelista, Alezander Suarez, Rasendell Rex, Gingoyon, Given Canlapan and Xerxes Garcia. –Manila Standard Today