The ‘justice on wheels’ program aims to decongest jails. At the same time, it brings Chief Justice Puno around the country

Some days, Chief Justice Reynato Puno steps down from the pedestal that is the Supreme Court and goes on the road, meeting and interacting with social outcasts.

Last Feb. 14, he spent Valentine’s Day at the Pasig City Jail, checked jail conditions, and interacted with the prisoners. He seemed to be putting a human and compassionate face to an otherwise “cold and impartial justice.”

His vehicle for this is the Justice on Wheels (JOW) program, and it’s taking the leader of the Supreme Court to places where justice is supposedly inaccessible. It has also brought Puno face to face with those who have violated the law and are suffering for it.

Relaunched in July last year, an “enhanced” JOW got into full swing shortly after the SC held a two-day national forum on “Increasing Access to Justice by the Poor: Bridging Gaps and Removing Roadblocks.” Puno had vowed that the forum would not simply be an “idle talkfest.”

Taking a hands-on role, Puno has been to places as far as Digos and Tagum in Mindanao, visited many jails, and helped provide medical attention to diseased inmates. Indeed, he has gone to places his predecessors hardly set foot on.

But his active role in the JOW is also raising questions within the judiciary as well as outside as to his real intention and motivations and has blurred the lines between the judiciary and politics.

The original concept behind JOW was to bring justice to places without courtrooms. But the JOW buses have visited urban centers and towns where courts exist.

Puno is a disciple of the school of thought that the judiciary should assume an activist role. But there are observations that his actions are not entirely without self-interest.

To begin with, JOW activities are not simply a matter of dispensing justice. They are also high-profile political events. They provide publicity not only to the Supreme Court but also to the local government officials whose help is sought for JOW activities. And in the context of suggestions that he is presidential material, the JOW has taken on a new meaning.

From its original intent of bringing the courts to remote, court-less areas, the JOW has expanded its reach, to include the metropolis, and was tweaked to provide add-on services.

Guatemala Example

Essentially, JOW is a mobile court, a configured bus that has two courtrooms—one for trial purposes and the other for mediation. The trial room is like a typical bench while the mediation room consists of a round table where parties settle their differences “as equals” without resorting to court action, says deputy court administrator Nimfa Vilches, who is vice-chair for the committee on JOW.

The JOW was copied from the Guatemalan experience where a bus goes to the remotest areas where there are no courts. The SC found the innovation a viable answer to court shortages and empty benches, which in turn contribute to clogged dockets and congested jails.

In 2004, the Court, under Hilario Davide, approved a resolution creating the mobile court, citing among others “the many vacancies in the courts in the Philippines.” This led to “delays in the resolution of cases,” the Court noted. “Delayed justice creates a negative impact on the justice system, undermines social, economic and even political stability, and impedes national progress.”

For its maiden launch, three custom-built buses, costing P6 to P7 million each, were built to serve as mobile courts. The program is funded by a World Bank loan under the Judicial Reform Support Project, says Ediberto Davis, executive director of the SC’s Judicial Reform Program.

The JOW committee under Justice Adolfo Azcuna (who retired in February 2009) prioritized the hearing of cases involving juveniles. Children charged with various crimes and held in detention longer than the prescribed period for rehabilitation were freed or referred to rehabilitation agencies. It was an overnight success. In just a few months, hundreds of minors were released from Metro Manila’s congested jails.

But the quick turnover of the chiefs in the SC, from Davide to Artemio Panganiban and Reynato Puno, sidelined the JOW. “The program was put on the back burner,” acknowledges an SC official. SC spokesman Midas Marquez, in his yearend report, agreed that the mobile courts were “underutilized” for a time.

At that time, Vilches said the eight circuit courts in Bohol had no judges, prompting the SC under Panganiban to send one of the buses. “However, by the time the mobile court arrived, the benches had been filled up,” Vilches said.

The mobile court was a white elephant and for a time was practically forgotten. Concerned judges had to inform the SC that one of the JOW mobile courts was rusting under a tree.

It also did not help that Puno, named Chief Justice in December 2006, was not as enthusiastic at first about the JOW program. We learned from one knowledgeable source that he was, for some reason, lukewarm to attending JOW activities.

From near oblivion, the JOW got its second wind in September 2007 when the SC reorganized its committees. Named new chair of the JOW project was Justice Consuelo Ynares-Santiago, a close friend of Puno.

Chief Justice on Wheels

To revitalize the project, the committee decided to expand the coverage of JOW by adding court-annexed mediation services.

Court-annexed mediation is defined as “any mediation process conducted under the auspices of the court.” Cases covered are civil cases, settlement of estates and those covered by the Rule on Summary Procedure, cases under the Family Code like support, custody, legal separation, property relations, separation of property, guardianship etc.

But it was not until the forum on increasing access to justice in July 2008 that the JOW program got Puno’s attention. It was the perfect vehicle to boost a public approval rating that had not gone beyond 3 percent.

We learned that Puno was bothered by his low satisfaction rating. In an earlier interview, he said there could be “inconsistency” given the fact that the SC as an institution ranks high. His satisfaction rating, based on a September 2007 Social Weather Stations report, plummeted to -5. The negative rating remained until December 2007.

In the March 2008 SWS report, his satisfaction rating was +2, and it went up to +3 in June.

By July, Puno had taken a totally different attitude towards JOW.

Vilches said under Puno’s instruction, services under JOW were further expanded. From decongesting the courts to court-annexed mediation, its services have been widened to include medical and dental missions for prisoners, free legal aid for the poor, information dissemination for the marginalized and indigent, and dialogues with judges.

Since then, Puno has joined several JOW activities, spearheading the cutting of ribbons in places where mobile courts were deployed. He started in Manila, Caloocan City, Quezon City, Cebu City, Davao del Norte, and Davao del Sur. In October, he went to Olongapo City in Zambales, Tacloban City in Leyte, and Bacoor, Cavite.

In November, he led the JOW activity in Pasay City, Baler, Aurora, and Sarangani. In December, he led the launching of JOW in Las Piñas City. In February, he launched the JOW in Pasig City.

In all these activities, Puno is transformed from a reticent person to an engaging speaker. “He is in his element, meeting with the politicians, the poor, the inmates, the barangay officials,” said one who has observed him up close.

When he launched the JOW in Pasig City for instance, he hobnobbed with ease with the powerful and the powerless.

Wherever he went, the Chief Justice was treated well. In Leyte for instance, he was fetched by a “fleet of black luxury cars” and taken to the different JOW engagements there. The local politicians, in honor of their esteemed guest, held a “banquet” at the Tacloban City Convention Center (Astrodome). “He was impressed with the treatment,” said one who was present in the JOW affair.

Puno was even more impressed when around 2,500 barangay officials packed the Astrodome. The barangay officials were given lectures on their role and responsibility in resolving disputes in their communities.

Release of Prisoners Delayed

In his 2008 year-end report for the SC, Marquez said that from June to December alone, the Puno-led JOW program has caused the release of more than 650 inmates, many of them women and children. Another 5,300 inmates received medical attention and dental aid. Court-annexed mediation cases, numbering 3,500, were heard, with a success rate of 85 percent, with some places like Rizal province securing a 100 percent success rate. Almost 7,000 barangay officials participated in lectures and 600 persons availed themselves of free legal aid.

The statistics are impressive but these do not tell the entire story.

We spoke with some judges and court officials who have misgivings about the JOW. They say the flaws began when the JOW veered from its original mission to deliver justice in areas where there are no judges and courts.

One metropolitan trial court judge we interviewed said the JOW program in Metro Manila is only good for “publicity since there is no shortage of courts as well as judges here.”

In Metro Manila, judges are informed in advance that the JOW program would be “launched” in their circuits. The magistrates are told to make an inventory of their pending cases such as those involving minors which are going to be resolved during the mobile court visit.

In effect, the JOW program is a wake-up call and reminder to judges to be on their toes, the judge said. In the Pasig activity, which we observed, a judge was put on the spot. Puno met an inmate with infected and protruding intestines during his visit at the jail. Puno inquired who was the judge handling the case as the inmate could not seek outside medical help without clearance from the court.

In his dialogue with the judges later that day, Puno called the judge’s attention to the ailing inmate. The singled-out magistrate could only explain the circumstances.

To avoid similar embarrassments, “We are now conscious of the status of our cases,” one Manila MTC judge said.

But here lies the problem. Some judges jazz up their inventory to make it appear that they are on top of their job when there are JOW visits. An SC official acknowledges this: “They will lie about their cases.” Instances also happen when an inmate should have been released on a certain date but would have to “wait” for the JOW schedule.

The Manila MTC judge said this happened to him at one time. An inmate should have been released days earlier “but had to wait because of the JOW schedule.”

One SC official said “Puno is results-oriented. That’s why we have to make sure there will be output in every SC activity.”

In the Pasig City launch, we overheard some judges discussing among themselves that the JOW bus was not needed there, considering that the courts are near the city jail.

The JOW in Manila also presents logistical problems not only to judges but to the parties as well. In Manila City Jail, where two container vans have been converted to courts, judges and their staff, as well as litigants and counsels, are exposed to risks since they have to go to the jail site, the MTC judge said. “It would have been safer if the proceedings are held in regular courts.” The security problems faced by court staff and judges in the Manila City Jail and in other jails have been raised to the JOW committee.

Another MTC judge said the JOW program is obviously not needed in areas where courts are accessible. “They should refocus the program back to its original intent—to bring the buses where there are no courts or no judges.”

An SC official familiar with SC projects agreed that “the ends of justice should not be sacrificed by the means.” The SC official said while the JOW “improves the image of the justice system in the country, it should not sacrifice the more basic concern—the delivery of justice.”

Another SC official is baffled: “By definition, JOW is for places without courtrooms. It is a waste of time and resources transferring records and personnel from the courtroom to the bus just to use it as a courtroom. It does not make sense.”

Undue Emphasis on JOW Impact

Under the rubric of the Judicial Reform Program, the Court undertakes several programs designed to remove roadblocks in the delivery of justice, improve the Court’s corrupt image, its structures and operating system and achieve greater engagement with other stakeholders.

Specifically, these projects include the case management system, introduction of computer-aided transcription technology, reorganization of court jurisdictional structure, enhancing institutional integrity, and improving financial management, among others.

These projects are being financed by soft loans and grants from financial institutions and development agencies like the World Bank, Asian Development Bank, European Commission, United Nations Development Program, Australian Agency for International Development, Canadian International Development Agency, and United States Agency for International Development.

Davis of the Judicial Reform Program said these reforms are on track. But they are dwarfed in publicity by JOW.

Judges and SC observers note that there is no doubt about JOW’s positive impact on the judiciary’s image. The results are instant. Overstaying prisoners, young and old, are released pronto.

It also allows Puno direct contact with the barangays, the basic political unit. He personally distributes certificates to barangay chairmen who attended lectures.

But JOW also artificially inflates hope that the complex problems faced by the judiciary could be remedied overnight.

And in the context of a Chief Justice sorely suffering from low approval ratings, it could be the magic wand that could turn things around. Based on SWS surveys on Chief Justices post-EDSA, Claudio Teehankee posted the highest rating with a +52 net satisfaction rating. Marcelo Fernan and Hilario Davide peaked with +40 while Panganiban, in his one-year tenure, only got a + 4, despite landmark SC rulings that upheld civil liberties.

In July 2007, the SC led by Puno held a summit on extrajudicial killings which was hailed by many. Yet, the high-profile event, widely covered by the media, failed to lift his approval rating.

The visibility that JOW offers could be the answer to his image problem.

Puno for Higher Office?

Since July last year, Puno has been going around the country, with JOW in tow, dutifully covered by the local media. But the project, it seems, has hardly made a dent in his public approval rating. He registered a dismal -3 and a -4 in the SWS net satisfaction survey reports in September and December 2008, respectively.

Still, this has not stopped suggestions and speculations that there could be an ulterior motive in his effort to win public approval. SC officials are also entertaining the same thought.

We’ve gathered reports that he was courted by some sectors to head a provisional government at the height of the ouster move against President Arroyo. A high-ranking Church official confirmed to us that Puno consulted some Church leaders.

Puno has distanced himself from talks urging him to seek the presidency, but has titillated the public with his pronouncements.

We learned that several politicians have declined to attend JOW launchings for some reason. Specifically, they are Quezon City Mayor Feliciano “Sonny” Belmonte, Makati City Mayor Jejomar Binay, and ousted Senate President Manuel Villar.

JOW activities have been held in Quezon City but unlike other mayors, Belmonte declined to be present in all the events. Binay, on the other hand, has not agreed to any JOW visits in jail.

In Las Piñas, Villar skipped the chance to have a photo-op with Puno at the last minute. His wife Cynthia, who is Las Piñas’s representative in Congress, was however present.

Binay and Villar have openly declared their presidential bids. Belmonte, on the other hand, has recently said in a media forum that he was not inclined to join the race because of age. He is 72.

Suggestions that Puno may be gunning for higher office are not doused by his actions. Recently he spoke of a “moral force” movement to help combat poverty and graft and corruption—favorite issues of politicians during elections. Puno reportedly conferred with “highly respected individuals” for the movement which will have chapters in the regions. The movement is expected to be launched in May.

We also learned that Puno’s JOW appearances are deliberately selected. He has turned down some proposed JOW activities, most recent in Pampanga, for undisclosed reasons. He is also not beyond suggesting who among politicians are to be contacted for JOW events.

Who really knows what’s on Puno’s mind?

Read more about this and other related stories in Newsbreak’s special issue on the judiciary.

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