US assails RP for failing to penalize corrupt officials

MANILA, Philippines – The United States assailed yesterday the Philippine government for failing to implement the law imposing criminal penalties for corrupt officials that encouraged graft practices with impunity.

The State Department’s 2009 Country Reports on Human Rights Practices released yesterday said Philippine law also provides for the right to information on matters of public concern to foster government transparency, but the release of information related to irregularities in government transactions had been denied.

Most government transactions were not available electronically and were difficult to retrieve.

“The law provides criminal penalties for official corruption; however, the government did not implement the law effectively and officials often engaged in corrupt practices with impunity,” the report said.

Both the government and the private sector have established a number of anti-corruption bodies, including an Ombudsman’s Office and an anti-corruption court, and public officials are subject to financial disclosure laws.

The government convicted 71 officials involved in 234 corruption cases from January to November 2009. The cases included the Feb. 14 conviction of a former Department of Justice (DOJ) prosecutor, the Feb. 18 conviction of a retired Armed Forces of the Philippines (AFP) major general, the March 12 conviction of a former mayor and former municipal treasurer in Guimaras province, and the April 2 conviction of a former municipal treasurer in Masbate.

“Personal ties and sometimes bribery resulted in immunity for some wealthy or influential offenders and contributed to widespread skepticism that the judicial process could ensure due process and equal justice,” the report said.

The report said that although the law provides for an independent judiciary, the judicial system suffered from corruption and inefficiency.

“The judiciary is independent and impartial in civil matters. There are administrative remedies as well as judicial remedies for alleged wrongs; however, corruption was widespread in the judiciary, and cases often were dismissed,” it added.

The report cited the Supreme Court’s continued efforts to ensure speedier trials, sanction judicial malfeasance, increase judicial branch efficiency, and raise public confidence in the judiciary.

The SC dismissed or disciplined several judges last year for various crimes and infractions.

The report said poverty often inhibited a defendant’s access to effective legal representation even as the authorities respected the right of defendants to be represented by a lawyer.

The law provides that all persons accused of crimes be informed of the charges against them, have the right to counsel, and be provided a speedy and public trial before a judge.

Skilled defense lawyers staffed the Public Attorney’s Office (PAO), but their workload was large and resources were scarce. The PAO provided legal representation for all indigent litigants at trial, however, during arraignment, courts may at their option appoint any lawyer present in the courtroom to provide counsel to the accused.

The report said lengthy pretrial detention remained a problem.

Cases should be resolved within the time limits once submitted for decision that include the 24 months limit for the Supreme Court, 12 months for the Court of Appeals, and three months for the lower courts.

“However, these time limits were not mandatory, and, in effect, there were no time limits for trials,” the report said. “Anecdotal evidence suggested that, in practice, trials could take six years or more. Trials take place in short sessions over time as witnesses and court time become available; these non-continuous sessions created lengthy delays.”

The report said there is a need for more prosecutors, judges, and courtrooms.

Lack of judge is a main problem and with 2,182 trial courts (including Shari’a courts), 539 or 25 percent were vacant.

Courts in Mindanao and poorer provinces have higher vacancy rates than the national average. –Pia Lee-Brago (The Philippine Star)