Judicial Reform
(Speech delivered by Chief Justice Renato C. Corona before the European Chamber of Commerce of the Philippines [ECCP] Membership Meeting in New World Hotel, Makati City on Thursday, August 4, 2011.)
MANILA, Philippines — ECCP President Hubert d’ Aboville, Vice President for External Affairs Henry Schumacher, members of the European Chamber of Commerce of the Philippines, distinguished guests, ladies, and gentlemen, a pleasant good afternoon to all of you.
First of all, thank you for your kind invitation to be with you today and also for your continuing support to the Philippines these past 33 years since your founding in 1978.
In your invitation, you emphasized the importance of the judicial system in the economy and business, and for that matter, in the life of every individual in society.
I have been asked to share my thoughts on the state of the Judiciary, the Department of Justice, and the Office of the Ombudsman, as well as the reforms that should be undertaken by them. I can of course speak only about the Judiciary because the Department of Justice and the Office of the Ombudsman are not within my turf or competence to talk about. This of course proceeds from the so-called “separation of powers” principle under the Constitution which has wisely divided and allocated the vast powers of government among the Executive, Congress, and the Judiciary.
Courts of justice are mandated by the Constitution to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether there has been a grave abuse of discretion by government or its officials. The Constitution essentially requires a simplified, inexpensive, uniform and speedy decision-making process of settling legal controversies and/or abuse of discretion by government or its officials.
Well aware of such a heavy Constitutional duty, the Supreme Court has identified and prioritized key programs of reform.
These programs cover seven general areas, namely, strengthening the integrity and competence of our judicial officers, enhancing the people’s access to justice (especially for the underprivileged), the decentralization of certain non-judicial functions, the construction and rehabilitation of our Halls of Justice, improving our level of information and communication technology, strengthening coordination among the member-agencies of the Justice Sector Coordinating Council and completely overhauling the conduct of the bar examinations.
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Privileged Communication in a Legal Practitioner – Client ...
INTRODUCTION
Generally, a lawyer is under a solemn pledge of secrecy not to disclose a piece of information or fact known to him owing to a relationship with his client. It is implied and seldom expressed. This is an arm of privileged communication which regulates the relationship between the legal practitioner and his client as per disclosure of a relevant fact known to the legal practitioner, from the relationship to a third party. Privilege is concerned with cases where a witness has a right or duty to refuse to disclose a relevant fact by answering a question or to produce a relevant document. From this thought arose the principle of privileged communication.
This piece of work would be opened with an historical trace of the origin and subsequent growth of the principle following which an exposition of the principle and closely related debate on its place in the legal system would be undertaken. Finally, a summation by way of conclusion.
HISTORICAL DEVELOPMENT
Wigmore:- writing in 1905 said,
“For three hundred years, it has now been recognized as a fundamental maxim that the public has a right to every man’s evidence”.
The general principle of privileged communication is an exception to the general liability of every person to give testimony to all facts inquired of in a court of justice laid on four fundamental conditions: One, the communication must originate in a confidence that they will not be disclosed. Two, this element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties. Three, the relation must be one which in the opinion of the community ought to be sedulously foistered. Four, the injury that would incur to the relation by the disclosure of the communication must be greater than the benefit thereby gained for the correct disposal of litigation.
The privilege of legal practitioner – client dates back to the reign of Elizabeth in the 16 where a solicitor was exempted from examination touching the cause. It is the oldest of the privileges.
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