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Friday, August 29, 2008
SC mulls expansion of 'amparo'
MANILA -- The Supreme Court (SC) plans to expand the rules on the issuance of the writ of amparo to include the filing of illegal demolition of residences and torture cases in any court and the drafting of the Rules on Small Claim cases.
Chief Justice Reynato Puno said this move is meant to give protection to the public that had less "economic rights" but should have more in law.
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Puno issued the statement Thursday in a forum on social, economic, and cultural rights sponsored by the militant group Bagong Alyansang Makabayan (Bayan) held at the University of the Philippines.
According to him, the high court is also studying the possibility of allowing the filing of torture cases in any court regardless of where the defendant resides.
He added that the SC is contemplating on relaxing its rules to allow common fishermen and their organizations to act as complainants in maritime cases.
The chief justice though did not elaborate on how the rules can be relaxed in favor of the complainants.
Puno also said the SC technical working group will finalize on September 23 the crafting of the Rule of Procedure for Small Claim cases, under which the court will identify pilot courts where people may lodge their small claim cases in a bid to declog the case load of various regional trial courts (RTCs).
The creation of small claim courts will help resolve civil cases, he added.
Under this rule, the coverage of small claim courts will be similar to those taken up by the first level courts that resolve money disputes involving not more than P100,000.
Puno noted that small claim courts have already been successfully implemented in the countries of Australia, Canada, Ireland, Israel, New Zealand, South Africa, Singapore, the United Kingdom, and the United States.
Bayan meanwhile urged the SC to review trade and investment policies as well as previous court rulings that may have compromised the people's social, economic, and cultural rights.
Aside from Bayan, the event was attended by the National Union of People's Lawyers, National Federation of Small Fisherfolk Organizations in the Philippines, People's Network for the Environment, and Alliance for Children's Concern.
In particular, the groups asked the SC to revisit its ruling declaring as constitutional the General Agreement on Tariffs and Trade-World Trade Organization (GATT-WTO) and the Mining Act of 1995.
In 1997, the SC ruled that the GATT-WTO was constitutional since provisions of the 1987 Constitution relating to the formation of a self-reliant and independent economy were said to be "not self-executing principles ready for enforcement by the courts."
The groups noted that the country poverty and unemployment level have worsened since it became a member of the WTO.
"These conditions warrant the review of the SC decision of 1997," the groups stressed.
The SC decision affirming the constitutionality of the Mining Act of 1995, they said, has allowed Malampaya to be under the effective control of foreign interests, which is a violation of constitutional provisions which asset that national patrimony should be under exclusive control of Filipinos.
Puno told the forum participants that the SC would review all its recommendations.
"The court welcomes all these concrete and realistic suggestions. At present, the Supreme Court is reviewing all these recommendations which came out during the Forum on Increasing Access to Justice: Bridging Gaps and Removing Roadblocks," he said. (ECV/Sunnex)
For more Philippine news, visit Sun.Star Cagayan de Oro. (August 29, 2008 issue)
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