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MOBILE

COURT-ANNEXED MEDIATION
IN THE PHILIPPINES

Justice ADOLFO S. AZCUNA (ret.)


Chancellor
Philippine Judicial Academy
GUATEMALA Experience

“Mobile Court”
A big bus partitioned into a courtroom and a
mediation room. It moves around in places where
there are no judges. It hears labor and domestic
relations cases, as well as other cases.

Purpose
To bring justice closer to the people and provide
the people in remote areas adequate and
inexpensive access to justice.
GUATEMALA’s Mobile Court
JUSTICE ON WHEELS
IN THE PHILIPPINES
Accessibility to justice
by the poor and disadvantaged
remains a worldwide problem despite
diverse approaches and strategies that
have been formulated and employed to
address it.
Former Chief Justice Hilario G. Davide

upon assumption as
Chief Justice in 1998, he vowed
in his “Davide Watch” to make access to
justice by the poor
a major thrust of the Court.
May 2004
The Supreme Court launched the
Justice on Wheels Project

December 2004
the Justice on Wheels Project was
implemented, the first mobile court
was rolled out
THE JUSTICE ON WHEELS
OF THE PHILIPPINES
The MOBILE COURT
(or JUSTICE ON WHEELS)
custom built to efficiently serve its
functions. Divided into two main
sections, the front section serves as the
courtroom, while the rear serves as the
mediation room. It is fully
airconditioned and equipped with
amenities for the judge, court
personnel, litigants and their lawyers
The PHILIPPINE MOBILE COURT

Court Room Mediation Room


The MOBILE COURT
Court Room Mediation Room

• Presiding Judge • Accredited Mediators


• Counsels for both parties • PMC Unit Staff
• Court Stenographer
• Docket Clerk
• Process Server
• Driver
• Security Guard
The MOBILE COURT

hears cases involving juveniles in conflict with the


law. The main purpose is to hear cases involving
juveniles who want to plead guilty, or who want to
be diverted or released on recognizance. More
importantly, the MC prioritized the hearing of
cases of those who have been in detention for more
than the maximum penalty for the particular cases.
The STATISTICS
December 20, 2004 to November 11, 2005, visited
several youth reception centers, Juvenile detention
facilities and jails in eight municipalities and cities
in Metro Manila, heard 1,126 cases, and secured the
release of 391 detainees, 35% of the total number of
cases heard.

* Azcuna, Adolfo, Report on the Justice on Wheels in the Philippines during the
International Conference and Showcase on Judicial Reforms held at the
Shangri-la Hotel, Makati City, Philippines on 28-30 November 2005.
LACK OF JUDGES

• Many vacancies in Philippine courts, especially in


the First Level Courts (Municipal Trial Courts and
Municipal Circuit Trial Courts)

• Delayed justice creates a negative impact on the


justice system, undermines social, economic and
even political stability, and impedes national
progress.

*SC En Banc Resolution A.M. No 04-06-02 SC, June 8, 2004


LACK OF APPLICANTS FOR JUDGES

• Due to various constraints, foremost of which is the


lack of interest on the part of some lawyers to
apply for appointments to vacant judicial posts in
the first level courts, especially in remote areas, it is
not possible to fill up the vacancies within the near
future.
PENDING CASES
Thus, the urgent need to dispose the pending cases
in the vacant courts and ensure efficient and
effective administration of justice to the people in
said places be properly attended to, through what
may be known as “Justice on Wheels Project”, akin
to Guatemala’s mobile courts.
OBJECTIVE
• The Philippine Supreme Court in an en banc
Resolution, dated June 8, 2004, in A.M. No 04-06-02
SC, launched the “Justice on Wheels Project” and
created an Ad Hoc Committee for the purpose, with
yours truly as the first Chairperson.

• The Philippine JOW Program is conducted by the


Supreme Court in coordination with the Local
Government Executives and Officials. The objective
is to bring justice closer to the people, especially the
poor and the marginalized sectors of society.
ENHANCED JUSTICE
ON WHEELS PROGRAM
• The JOW Program was further improved and is now
referred to as the “Enhanced Justice on Wheels”
(EJOW) Program In addition to Court hearings and
Mobile Court-Annexed Mediation (MCAM), the
program now features Dialogue with the five Pillars
of Criminal Justice, Information Dissemination with
Barangay Officials, Team Building of Court Officials
and Personnel, and Medical and Dental Operation
for Detention Prisoners. There are now five buses
used in the EJOW Project of the Supreme Court.
PHILIPPINE MEDIATION
CENTER OFFICE
• The Philippine Mediation Center Office (PMCO), an
office of the Philippine Judicial Academy (PHILJA),
manages the MCAM program. For every EJOW
program, the Trial Courts are requested to refer
cases for mediation, and the PMCO designates one
PMCO Official, and two Unit Staff to assist the
Mediators who facilitate the voluntary and peaceful
settlement of the disputes of the party litigants,
resulting in the execution of Compromise
Agreements, subject to approval of the courts, and
restoration of the harmonious relationship of the
parties.
STATISTICS

• The PMCO Statistics from 2007 to 2013 shows that


a total of 18,713 cases were referred to the MCAM.
Of these figures, a total of 11,017 cases were
mediated, of which 10,002 cases were successfully
mediated, resulting in a success rate of 91%.
MOBILE COURT-ANNEXED MEDIATION
TOTAL TOTAL TOTAL
NO. OF NO. OF
NUMBER NUMBER NUMBER OF SUCCESS
YEAR COURTS MCAM
OF CASES OF CASES SUCCESSFUL RATE
COVERED MEDIATORS
REFERRED MEDIATED MEDIATION
2007 3 7 1,107 760 667 87.76%
2008 26 5 7,408 4,595 4,187 91.12%
2009 34 5 3,364 2,205 2,023 91.75%
2010 22 5 1,380 832 773 92.91%
2011 22 5 1,890 952 886 93.07%
2012 22 7 2,119 1,161 993 85.53%
2013 18 7 1,445 512 473 92.38%
TOTAL 18 7 18,713 11,017 10,002 90.79%
THANK YOU!

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