Judicial Executive Legislative Advisory and Consultative Council
Encyclopedia
The Judicial Executive Legislative Advisory and Consultative Council (JELACC) of the Philippines
is a body created by a Memorandum of Agreement
(MOA) signed on May 13, 2008, which serves as "the forum and venue for the representatives of the 3 branches of the government to undertake measures on matters affecting the primacy of the rule of law, specifically tastked to identify the problems and issues, formulate solutions, and to implement them." The historical move which was aimed "to strengthen the consultation and coordination among the three branches of government in upholding the rule of law." Jelacc was the brainchild
of Kiko Pangilinan, first proposed on the July 16-17, 2007 Manila Hotel
Summit on Extrajudicial killings and forced disappearances in the Philippines
.
traced Jelacc’s roots from the 1993 proposed similar tripartite council, a body tasked to undertake judicial reforms. Chief Justice Andres Narvasa
turned down membership due to legal questions and instead, a deputy court administrator attended the meetings merely as observer, not as member.
Narvasa thereafter created the “Blueprint of Action for the Judiciary,” an 18-month consultation or judiciary-wide dialogue, funded by the United Nations Development Program (UNDP). Later, Chief Justice Hilario G. Davide Jr. formed the much broader Action Program for Judicial Reforms (APJR), supported by the Philippine government, the UNDP, World Bank
and Asian Development Bank
, with further assistance from Australia, United Kingdom, Canada, European Union, Japan, the Netherlands and the United States.
In Panganiban’s tenure, APJR centered on 4 ACID problems of the judiciary: “(1) Access to justice by the poor; (2) Corruption; (3) Incompetence of some judges; and (4) Delay in the resolution of cases with the 4 Ins: Independence, Integrity, Industry and Intelligence, and with ultimate goals of safeguarding of liberty and the nurturance of prosperity under the rule of law.”
Narvasa, Davide and Panganiban’s judicial reforms achieved "the a) the doubling of judicial compensation through Republic Act 9227, b) computerization of the Sandiganbayan
and selected trial courts, c) construction of model court houses in Angeles
and Lapu Lapu cities, and the d) creation of the unique electronic library, the mobile courts, funded by Japan, and the Tagaytay Philippine Judicial Academy Center in Tagaytay", inter alia.
On fiscal independence, the Supreme Court of the Philippines
looks to Jelac "as the alternative for the annual budgetary grilling but it limited Jelac’s 'mandate' to its present functions." Panganiban finally criticized Jelac for being “obscured by penumbras of unconstitutionality and impropriety.”
On the 2008 Philippine Declaration of Independence
Day, JELACC member and Senate Majority Leader Francis Kiko Pangilinan announced at its second meeting that the judiciary would get an additional P 3-billion budget (from P 10 billion this year to P13 billion for 2009): "This is unprecedented and will bring the judiciary's budget to 1% of the national budget for the first time." The huge amount will be used for priority projects like the Manila
Halls of Justice, courts computerization and to fill up vacancies in the judiciary (20% of 2500 courts nationwide).
of the Supreme Court of the Philippines
to be designated by the Chief Justice.
defined the council's role, general functions, mission and vision: "The JELACC will work together to institutionalize consultation, cooperation, and coordination in pursuit of the rule of law and the advancement of our nation. Separation does not mean isolation. Rather, among our co-equal branches, there should be consultation and cooperation to advance shared priorities in the national interest and welfare of all Filipinos; We envision JELACC to be the venue where representatives of the three branches can identify issues pertaining to the primacy of the rule of law and formulate and undertake solutions to strengthen due process and the institutions of justice, and implement our laws better. The JELACC's mandate is centered on the rule of law."
Senator Kiko Pangilinan stated that the council will prioritize budgetary support for the judiciary, co-equal branch, with agreement of allocating 20% percent increase in the judiciary's budget to raise the salary of government lawyers and upgrade courts capabilities: "By the legislative and executive action, the beneficiary of the JELAC is the judiciary." The judiciary's budget share is a measly 0.8% of the entire national budget, specifically, only P 8.4 billion ($ 1 = P 42), of the 2008 budget of the entire Judiciary and is almost equal the budget of the Department of Justice (DoJ).
Senate President Manuel Villar also set forth the council's greater aim "to make the three branches work together for the people." Villar also said that the new body will address extrajudicial killings and press freedom as priorities.
On the Judiciary, JELACC formulates solutions on, inter alia, the Judiciary’s (1) budget, (2) infrastructure requirements, (3) creation of new positions and filling of vacancies, (4) career development program, (5) compensation and security of judicial officials, and (6) security of tenure of judicial personnel.
Press Secretary and Presidential Spokesman Ignacio Bunye
stated that JELACC will not replace the Legislative-Executive Development Advisory Council (LEDAC), and that both forums will help improve national governance.
, Senate President Manuel Villar and Speaker Prospero Nograles
signed for the judiciary, Senate and House, respectively. The historic document was also signed by acknowledging witnesses Vice President Noli de Castro
, Executive Secretary Eduardo Ermita
, Senator Francis Pangilinan, and House Majority Floor Leader Arthur Defensor, Sr.
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
is a body created by a Memorandum of Agreement
Memorandum of Agreement
A memorandum of agreement or cooperative agreement is a document written between parties to cooperatively work together on an agreed upon project or meet an agreed objective. The purpose of an MOA is to have a written understanding of the agreement between parties.An MOA is a good tool to use for...
(MOA) signed on May 13, 2008, which serves as "the forum and venue for the representatives of the 3 branches of the government to undertake measures on matters affecting the primacy of the rule of law, specifically tastked to identify the problems and issues, formulate solutions, and to implement them." The historical move which was aimed "to strengthen the consultation and coordination among the three branches of government in upholding the rule of law." Jelacc was the brainchild
Idea
In the most narrow sense, an idea is just whatever is before the mind when one thinks. Very often, ideas are construed as representational images; i.e. images of some object. In other contexts, ideas are taken to be concepts, although abstract concepts do not necessarily appear as images...
of Kiko Pangilinan, first proposed on the July 16-17, 2007 Manila Hotel
Manila Hotel
The Manila Hotel is a 570-room, five star hotel in Manila, Philippines, located in the heart of the Manila Bay area. The Manila Hotel is the oldest premiere hotel in the Philippines, built in 1909 to rival Malacañang Palace, the official residence of the President of the Philippines, and opened in...
Summit on Extrajudicial killings and forced disappearances in the Philippines
Extrajudicial killings and forced disappearances in the Philippines
Extrajudicial killings and forced disappearances in the Philippines refer to the illegal liquidations, unlawful or felonious killings and forced disappearances in the Philippines...
.
History
The 21st Chief Justice Artemio PanganibanArtemio Panganiban
Artemio V. Panganiban , "The Renaissance Jurist of the 21st Century" was the 21st Supreme Court Chief Justice of the Philippines.-Early life and education:...
traced Jelacc’s roots from the 1993 proposed similar tripartite council, a body tasked to undertake judicial reforms. Chief Justice Andres Narvasa
Andres Narvasa
Andres dela Rosa Narvasa was the Chief Justice of the Philippines from December 1, 1991 to November 30, 1998.He served as Chairman of the Preparatory Commission for Constitutional Reform, a special agency tasked to look into potentially positive modifications in the Philippine Constitution, from...
turned down membership due to legal questions and instead, a deputy court administrator attended the meetings merely as observer, not as member.
Narvasa thereafter created the “Blueprint of Action for the Judiciary,” an 18-month consultation or judiciary-wide dialogue, funded by the United Nations Development Program (UNDP). Later, Chief Justice Hilario G. Davide Jr. formed the much broader Action Program for Judicial Reforms (APJR), supported by the Philippine government, the UNDP, World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...
and Asian Development Bank
Asian Development Bank
The Asian Development Bank is a regional development bank established on 22 August 1966 to facilitate economic development of countries in Asia...
, with further assistance from Australia, United Kingdom, Canada, European Union, Japan, the Netherlands and the United States.
In Panganiban’s tenure, APJR centered on 4 ACID problems of the judiciary: “(1) Access to justice by the poor; (2) Corruption; (3) Incompetence of some judges; and (4) Delay in the resolution of cases with the 4 Ins: Independence, Integrity, Industry and Intelligence, and with ultimate goals of safeguarding of liberty and the nurturance of prosperity under the rule of law.”
Narvasa, Davide and Panganiban’s judicial reforms achieved "the a) the doubling of judicial compensation through Republic Act 9227, b) computerization of the Sandiganbayan
Sandiganbayan
The Sandiganbayan is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice...
and selected trial courts, c) construction of model court houses in Angeles
Angeles
Angeles may refer to:*Los Angeles, the largest city in California and the Western United States*Angeles City, a city in Pampanga, Philippines*"Angeles", a 1991 song by Enya from her album Shepherd Moons...
and Lapu Lapu cities, and the d) creation of the unique electronic library, the mobile courts, funded by Japan, and the Tagaytay Philippine Judicial Academy Center in Tagaytay", inter alia.
On fiscal independence, the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
looks to Jelac "as the alternative for the annual budgetary grilling but it limited Jelac’s 'mandate' to its present functions." Panganiban finally criticized Jelac for being “obscured by penumbras of unconstitutionality and impropriety.”
On the 2008 Philippine Declaration of Independence
Philippine Declaration of Independence
The Philippine Declaration of Independence occurred on June 12, 1898 in Cavite II el Viejo , Cavite, Philippines. With the public reading of the Act of the Declaration of Independence, Filipino revolutionary forces under General Emilio Aguinaldo proclaimed the sovereignty and independence of the...
Day, JELACC member and Senate Majority Leader Francis Kiko Pangilinan announced at its second meeting that the judiciary would get an additional P 3-billion budget (from P 10 billion this year to P13 billion for 2009): "This is unprecedented and will bring the judiciary's budget to 1% of the national budget for the first time." The huge amount will be used for priority projects like the Manila
Manila
Manila is the capital of the Philippines. It is one of the sixteen cities forming Metro Manila.Manila is located on the eastern shores of Manila Bay and is bordered by Navotas and Caloocan to the north, Quezon City to the northeast, San Juan and Mandaluyong to the east, Makati on the southeast,...
Halls of Justice, courts computerization and to fill up vacancies in the judiciary (20% of 2500 courts nationwide).
Composition
JELACC is composed of 9 members who shall serve ex-oficio capacity without any additional emoluments and/or allowances: the President of the Republic, as Chairperson, with the Vice-President, the Senate President, the House Speaker, the Chief Justice as regular members; a Cabinet member to be designated by the President, one Senator and one member from the House Representative to be designated by their respective leaders, and an Associate JusticeAssociate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
of the Supreme Court of the Philippines
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
to be designated by the Chief Justice.
Functions and role
President Gloria Macapagal-ArroyoGloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
defined the council's role, general functions, mission and vision: "The JELACC will work together to institutionalize consultation, cooperation, and coordination in pursuit of the rule of law and the advancement of our nation. Separation does not mean isolation. Rather, among our co-equal branches, there should be consultation and cooperation to advance shared priorities in the national interest and welfare of all Filipinos; We envision JELACC to be the venue where representatives of the three branches can identify issues pertaining to the primacy of the rule of law and formulate and undertake solutions to strengthen due process and the institutions of justice, and implement our laws better. The JELACC's mandate is centered on the rule of law."
Senator Kiko Pangilinan stated that the council will prioritize budgetary support for the judiciary, co-equal branch, with agreement of allocating 20% percent increase in the judiciary's budget to raise the salary of government lawyers and upgrade courts capabilities: "By the legislative and executive action, the beneficiary of the JELAC is the judiciary." The judiciary's budget share is a measly 0.8% of the entire national budget, specifically, only P 8.4 billion ($ 1 = P 42), of the 2008 budget of the entire Judiciary and is almost equal the budget of the Department of Justice (DoJ).
Senate President Manuel Villar also set forth the council's greater aim "to make the three branches work together for the people." Villar also said that the new body will address extrajudicial killings and press freedom as priorities.
On the Judiciary, JELACC formulates solutions on, inter alia, the Judiciary’s (1) budget, (2) infrastructure requirements, (3) creation of new positions and filling of vacancies, (4) career development program, (5) compensation and security of judicial officials, and (6) security of tenure of judicial personnel.
Press Secretary and Presidential Spokesman Ignacio Bunye
Ignacio Bunye
Ignacio Rivera Bunye is a Filipino politician who is currently serving as the Monetary Board Member of the Bangko Sentral ng Pilipinas since July 3, 2008...
stated that JELACC will not replace the Legislative-Executive Development Advisory Council (LEDAC), and that both forums will help improve national governance.
"Historic moment in our constitutional democracy"
President Gloria Macapagal-Arroyo led the signing of the MOA by leaders of the 3 branches of government on May 13, 2008, as Chief Justice Reynato PunoReynato Puno
Reynato Puno y Serrano was the 22nd Chief Justice of the Supreme Court of the Philippines. Appointed on December 8, 2006 by President Gloria Macapagal-Arroyo, he was the 22nd person to serve as Chief Justice...
, Senate President Manuel Villar and Speaker Prospero Nograles
Prospero Nograles
Prospero C. Nograles is the former Speaker of the House of Representatives of the Philippines. He was elected as the Speaker of the House on February 5, 2008, the first ever elected Speaker from Mindanao in a hundred years in Philippine legislative history...
signed for the judiciary, Senate and House, respectively. The historic document was also signed by acknowledging witnesses Vice President Noli de Castro
Noli de Castro
Manuel Leuterio de Castro, Jr. , better known as Noli de Castro or "Kabayan" Noli de Castro, was Vice President of the Philippines ....
, Executive Secretary Eduardo Ermita
Eduardo Ermita
Eduardo R. Ermita, was the Executive Secretary of the Philippines, and spokesperson for President Gloria Macapagal-Arroyo was born on July 13, 1935 in Balayan, Batangas. Ermita took his Defense Resource Management Course at Naval Post Graduate School, Monterey, California, U.S.A...
, Senator Francis Pangilinan, and House Majority Floor Leader Arthur Defensor, Sr.
External links
- Philippines: Gov.Ph: About the Philippines – Justice category
- The Supreme Court of the Philippines – Official website
- History of the Supreme Court
Picture
See also
- Supreme Court of the PhilippinesSupreme Court of the PhilippinesThe Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
- Chief Justice of the Supreme Court of the PhilippinesChief Justice of the PhilippinesThe Chief Justice of the Supreme Court of the Philippines presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines...
- Associate Justice of the Supreme Court of the PhilippinesAssociate Justice of the Supreme Court of the PhilippinesAn Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...
- Constitution of the PhilippinesConstitution of the PhilippinesThe Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...
- Political history of the PhilippinesPolitical history of the PhilippinesThe political history of the Philippines are chronicles which describes the history of the islands, starting from the beginning of civilization and up to the present day period.*Politics of the Philippines**Prehistoric Philippines...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- Rule according to higher lawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...