Wednesday, September 5, 2012

PH jumps 10 notches in global competitiveness survey; Faster court system procedures

PH jumps 10 notches in global competitiveness survey
New court system to hasten trial procedure


The Philippines jumped 10 notches up in the 2012 World Economic Forum's Global Competitiveness Report.

The Philippines ranked 65th among 144 countries in this year's survey, from 75th last year. The WEF report said the Philippines was one of the countries that showed the most improvement. 

"Ranked 65th, the Philippines is one of the countries showing the most improvement in this year’s edition. Indeed, it has advanced 22 places since reaching its lowest mark in 2009. The Philippines makes important strides this year in improving competitiveness—albeit often from a very low base—especially with respect to its public institutions (94th, up 23 places)," the report said.

It noted a significant improvement in "trust in politicians," up 33 spots to 95th place, but "considerable room for improvement remains."

There is also improved perception that the corruption (108th, up 11) and red tape (108, up 18) are being addressed by the Aquino administration, but the report noted "they remain pervasive."

The WEF report also noted improvements in macroeconomic environment (36th, up 18), which it noted was one of the strongest aspects of the Philippines’ performance. 

The financial sector is also seen to be more efficient and supportive of business activity(58th, up 13). 

"Despite these very positive trends, many weaknesses remain to be addressed. The country’s infrastructure is still in a dire state, particularly with respect to sea (120th) and air transport (112th), with little or no progress achieved to date. Furthermore, 

various market inefficiencies and rigidities continue, most notably in the labor market (103rd)," the WEF report stated. 

The Global Competitiveness Report 2012-2013 assesses the competitiveness of 144 economies, providing insight into the drivers of their productivity and prosperity.

For the fourth year in a row, Switzerland topped the overall rankings in the Global Competitiveness Report. Singapore remained in 2nd spot, followed by Finland in 3rd, Sweden in 4th and Netherlands in 5th. The top 10 list also includes Germany (6th), United States (7th), United Kingdom (8th), Hong Kong (9th) and Japan (10th). - Report from Lois Calderon, ANC

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RULES THAT are expected to fast-track court trials were approved by the Supreme Court (SC) yesterday as part of reforms in the Judiciary, an official said.
   
Budget Secretary Florencio B. Abad will also meet with the SC justices to discuss funding for other improvements in the system.

"The Supreme Court en banc [full court] approved unanimously administrative matter pertaining to judicial affidavit rule," Raul B. Villanueva, deputy court administrator and communicator for judicial reforms, told reporters in a briefing yesterday.

The new rule, which will take effect on Jan. 1, 2013, will "cut short by 50%" the presentation of witnesses by allowing courts to dispense with direct examination and instead base their decisions on documents called judicial affidavits.

It will allow the "submission of judicial affidavits and exhibits in lieu of direct testimony not later than five days before pre-trial or prelim conference or prior to scheduled hearing of motions and incidents," Mr. Villanueva said, reading a section of the administrative matter.

He added that the filing of affidavit will still be allowed beyond the deadline as "there is no prejudice to the adverse party." Late filers, however, may be slapped with a fine of up to ₱5,000.

Besides the name of the witness and testimony, judicial affidavits should also contain the name of the lawyer who took the testimony and a statement that the counsel is responding to questions under oath and may be held criminally liable for false testimony or perjury. 

Documentary evidence supporting claims should also be attached to the judicial affidavit.

The rule applies "to all actions, proceedings and incidents requiring the reception of evidence so this means all courts first and second level courts including appellate courts and quasi-judicial bodies," Mr. Villanueva said. 

The initiative was put forward by Associate Justice Antonio T. Carpio, chairman of the SC committee on revision of rules of court, and was piloted in Quezon City trial courts in April this year, he said.

Mr. Villanueva clarified that the new rule is only applicable to three types of criminal cases.

"This is applicable to criminal cases under three circumstances -- when the maximum imposable penalty does not exceed six years, accused agrees to use of judicial affidavit irrespective of the penalty involved, with respect to the civil aspect of the actions whatever the penalties involved are," he said.

Meanwhile, Mr. Villanueva said Mr. Abad "is expected to visit the SC and the justices for the first time to take up budgetary requirements for reform initiatives" of Chief Justice Maria Lourdes P. A. Sereno.

Ms. Sereno last week announced plans that include fast-tracking the conduct of trials, clearing court dockets and lessening paper requirements in court. -- ASOA