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[A.M. No. 02-7-01-SC.July 9, 2002]
RE: MOU BETWEEN THE GOV'T. OF CANADA & THE PHILS. CONCERNING JUDICIAL REFORM SUPPORT PROJ.
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JUL 9 2002.
A.M. No. 02-7-01-SC (Re: Memorandum of Understanding Between the Government of Canada and the Government of the Philippines Concerning Judicial Reform Support Project.)
The Court Resolved to CONFIRM the Memorandum of Understanding between the Government of Canada arid the Government of the Philippines concerning the Judicial Reform Support Project, signed on 18 June 2002 in Ottawa, Canada by Hon. Susan Whelan. Canada's Minister for International Cooperation and Chief Justice Hilario G. Davide, Jr., to wit:
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF CANADA
AND
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
CONCERNING
JUDICIAL REFORM SUPPORT PROJECT
4128/31102
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF CANADA
AND
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
CONCERNING
JUDICIAL REFORM SUPPORT PROGRAM
The Government of Canada (CANADA) and the Government of the Republic of the Philippines (THE PHILIPPINES), desiring to collaborate on the implementation of a Canadian development assistance project in the Philippines, have reached the following understanding:
ARTICLE I
NATURE OF THE MEMORANDUM OF UNDERSTANDING
SECTION 1.01
This Memorandum of Understanding constitutes a subsidiary arrangement made pursuant to the General Agreement on Development Cooperation between CANADA and THE PHILIPPINES dated the 13th of November 1987 and is intended to set out the responsibilities of CANADA and THE PHILIPPINES in relation to the project described in Article III. It does not constitute an international treaty.
ARTICLE II
RESPONSIBLE AUTHORITIES
SECTION 2.01
CANADA designates the Canadian International Development Agency (CIDA) to assume its responsibilities under this Memorandum of Understanding. For the implementation of its undertakings, CIDA will award a contract to a Canadian Executing Agency (CEA) who will be responsible for the overall financial, administrative and technical management of the project under the direction of the Project Steering Committee (PSC).
SECTION 2.02
THE PHILIPPINES designates the Supreme, Court of the Philippines (SC) to assume its responsibilities under this Memorandum of Understanding. For the implementation of its undertakings, the SC will work through the Philippines Judicial Academy (PHILJA) and the Program Management Office (PMO) responsible for the implementation of the Action Plan for Judicial Reform (APJR).
SECTION 2.03
The Supreme Court designates PHILJA and the PMO to assume their respective responsibilities related to the implementation of the project described in Article III of this Memorandum of Understanding.
ARTICLE III
THE PROJECT
SECTION 3.01
CANADA and THE PHILIPPINES will participate in the Judicial Reform Support Project (the Project) in the Philippines. The Project's goal is to contribute to Philippines efforts to improve the quality of judicial services and access to justice, particularly by the poor and marginalized groups, by supporting selected elements of the Supreme Court's Action Program for Judicial Reform 2001-2006 (APJR) launched in December 2000 and the APJR Supplement issued in August 2001. The purpose is (1) to support and promote mediation (an Alternative Dispute Resolution mechanism specified in the APJR) both as an annex to and as an alternative to court adjudication by strengthening the mediation programs of the Philippines Judicial Academy (PHILJA) and the Barangay Justice System (BJS) and increasing their capacity for planning, implementation and monitoring; and (2) to support and strengthen the advocacy efforts of the Alternative Law Groups (ALGs), particularly their capacity to represent the poor and marginalized interests (labour, farmers, women, children, etc.), and undertake test cases to promote access to justice reforms.
SECTION 3.02
A brief description of the Project is attached to this Memorandum of Understanding as Annex "A".
ARTICLE IV
IMPLEMENTATION PLAN
SECTION 4.01
For the purpose of implementing the Project, the CEA will develop a Project Implementation Plan for approval by the PSC and signature by CANADA and THE PHILIPPINES within one hundred and eighty (180) days from the date of the contract referred to in Section 2.01. When duly signed by CANADA and THE PHILIPPINES, the Project Implementation Plan will be attached hereto as Annex "D". The Project Implementation Plan will constitute an operational document between CIDA and the Supreme Court and will contain, inter alia, the following:
a)�������� a detailed description of the Project;
b)�������� an outline of the methods and means to be used to implement the Project;
c)�������� a schedule for the implementation of the Project activities, including a milestone chart;
d)�������� the budget and duration of the Project;
e)�������� the reporting requirements for the Project;
f)��������� the nature, timing and responsibilities for project monitoring evaluations and the means by which they will be made;
g)�������� the Project organization including resources required for the Project; and
h)�������� a statement of additional responsibilities of CANADA and THE PHILIPPINES together with their contributions.
The Project Implementation Plan may be amended without recourse to the formal amendment procedure referred to in section 11.02.
ARTICLE V
CONTRIBUTION OF CANADA
SECTION 5.01
The contribution of CANADA will consist of professional and technical services, as well as monitoring and evaluating the Project, more particularly set forth in Annex "B" of thisMemorandum of Understanding. The total value of Canada's contribution will not exceed seven million Canadian dollars (Cdn $7,000,000).
SECTION 5.02
CANADA's contribution cannot be used to pay any taxes, fees, customs duties or any other levies or charges imposed directly or indirectly by THE PHILIPPINES on any goods, materials, equipment, vehicles, and services purchased or acquired to meet project requirements or in relation to the implementation of the Project.
ARTICLE VI
CONTRIBUTION OF THE PHILIPPINES
SECTION 6.01
The contribution of THE PHILIPPINES will consist of technical and administrative inputs and all other project requirements provided by the government representatives to the Project more particularly set forth in Annex "C" of this Memorandum of Understanding.
ARTICLE VII
INFORMATION
SECTION 7.01
����������� THE PHILIPPINES and CANADA will ensure that this Memorandum of Understanding is carried out with due diligence and efficiency and each will furnish to the other all such information relating to the Project as will reasonably be requested.
ARTICLE VIII
COMMUNICATIONS
SECTION 8.01
Any communications or documents given, made or sent by either THE PHILIPPINES or CANADA pursuant to this Memorandum of Understanding, will be in writing and will be deemed to have been duly given, made or sent to the Party to which it is addressed at the time of its delivery by hand, mail, telegram, facsimile, cable or radiogram at its respective address, namely:
FOR CANADA:�������������������� Director General
Indonesia, Philippines, South Pacific Program & East Timor
Canadian International Development Agency
200 Promenade du Portage
Hull, Qu�bec
K1A 0G4
Facsimile:����������������������������� (819) 953-3350
FOR the PHILIPPINES:������� The Chief Justice
����������������������������������������������� Supreme Court of the Philippines
����������������������������������������������� Supreme Court Main Building
����������������������������������������������� Padre Faura corner Taft Avenue
����������������������������������������������� Ermita, Manila 1004
SECTION 8.02
Either Party hereto may, by written notice to the other Party hereto, change the address to which any notice or request for the Party so giving such notice will be addressed.
SECTION 8.03
All communications and documents submitted to CANADA will be in either the English or the French language, and those submitted to THE PHILIPPINES will be in the English or the Filipino language.
ARTICLE IX
CONSULTATION
SECTION 9.01
CANADA and THE PHILIPPINES will consult each other in respect of any matter that may arise in connection with this Memorandum of Understanding.
ARTICLE X
APPLICATION
SECTION 10.01
Differences which may arise in the application of the provisions of this Memorandum of Understanding will be settled by means of negotiations between CANADA and THE PHILIPPINES, or by any other manner mutually agreed upon by their respective Governments.
ARTICLE XI
GENERAL PROVISIONS
SECTION 11.01
This Memorandum of Understanding together with Annexes "A", "B", "C" and "D"), which forms an integral part hereof constitutes the entire understanding between the Parties with respect to the Project.
SECTION 11.02
This Memorandum of Understanding may be amended in writing as deemed necessary by CANADA and THE PHILIPPINES.
SECTION 11.03
This Memorandum of Understanding will come into effect on the date of signature mentioned below and will remain in effect for the duration of the Project.
Done in two copies, in Gatineau (Hull Sector), Province of Quebec, this 18th day of June 2002.
ON BEHALF OF THE�������������������������������������������� ON BEHALF OF THE
GOVERNMENT OF CANADA����������������������������� GOVERNMENT OF THE REPUBLIC
OF THE PHILIPPINES
(Sgd.) Susan Whelan���������������������������������������������� (Sgd.) Hilario G. Davide, Jr.
Minister for International Cooperation������������������� Chief Justice
����������������������������������������������������������������������������������� Supreme Court of the Philippines
ANNEX "A"
DESCRIPTION OF THE PROJECT
1.0������ Project Objectives
The goal of the project is to contribute to Philippines efforts to improve the quality of judicial services and access to justice, particularly by the poor and marginalized groups, by supporting selected elements of the Supreme Court's Action Program for Judicial Reform 2001-2006, (APJR) launched in December 2000 and the APJR Supplement issued in August 2001. The purpose is: to support and promote mediation (an Alternative Dispute Resolution mechanism specified in the APJR) both as an annex to and as an alternative to court adjudication by strengthening the mediation programs of the Philippines Judicial Academy (PHILJA) and the Barangay Justice System (BJS) and increasing their capacity for planning, implementation and monitoring; and to support and strengthen the advocacy efforts' of the Alternative Law Groups (ALGs), particularly their capacity to represent the poor and marginalized interests (labour, farmers, women, children, etc), and undertake test cases to promote access to justice reforms.
2.0������ Expected Results
At the impact level, the primary expected result is improved access to timely, convenient, affordable and fair judicial services, especially by the poor and marginalized groups. Secondary expected results include: improved knowledge of available judicial services and legal remedies by the poor and marginalized groups; and improved public confidence in the judicial system. These will be achieved through the outcomes and outputs indicated below.
OUTCOMES
1.1������ Increased demand for mediation as a means of resolving disputes;
1.2������ Increase in # of cases resolved by court referred mediation and the BJS and improved quality of decisions;
1.3������ Strengthened institutional capacity of key institutions involved to plan, implement, monitor, evaluate, follow-up, and make improvements;
1.4������ Increased financial and human resources available to mediation;
2.1������ New or revised laws, and/or regulations affecting access to justice of poor and marginalized groups influenced by advocacy efforts;
3.0������ Gender equality issues reflected in revised procedures, curriculum, training, budgets, and new/revised laws.
OUTPUTS
1.Mediation Promoted and Supported :
PHILJA and Court referred mediation
� Strategic planning methods being used
� Program plans developed and used
� Increased number of trained mediators using training
� Improved curriculum including gender issues
� Improved adult education training methods
� Evaluations conducted and follow-up activities in areas identified for improvement;
� More judges and DOJ prosecutors trained by PHILJA advocating court referred mediation
Barangay Justice System (BJS)
� More Barangay captains, Lupon (community council) members and advocates using improved knowledge; increased number of community members knowledgeable about V system and seeking its services
� Follow-up to evaluation issues initiated
� Improved communications and training materials being used in local languages
� Improved mechanisms & support for monitoring and follow-up
� Increased collaboration between stakeholders (DOJ, DILO, etc;)
2.Advocacy for Reform Enhanced
Enhancing Policy Advocacy Capacity Of ALGs
� Specific policy issues identified, researched and advocacy activities implemented V
� Proposals to strengthen capacity and sustainability of ALGs developed and implemented.
� Strategic litigation undertaken.
3.Technical Assistance and Research Undertaken
� Selected research and technical studies to complement above components completed and being used
4. Gender Equality Addressed
� Gender equity issues reflected in above components contributing to expected gender outcomes and impacts
3.0������ Project Scope
The scope of the project entails three components involving several counterparts from within the government and the non-government (NGO) sectors. It also entails work at the national and local levels. The project components are described below:
Mediation Support : The component will cover both court-annexed mediation and mediation mechanisms that are alternatives to court adjudication. The component is in line with the judicial systems and procedure's element of the APJR that targets mediation mechanisms both as a vehicles for declogging the courts while providing effective and inexpensive mechanisms for dispute resolution. The primary partner will be PHILJA with support also being given to theBarangay Justice System. The PHILJA sub-component will focus on mediation but also support strategic planning, gender consideration, curriculum development, and use of adult learning methods and program evaluation. Taken together these can make a significant contribution to capacity development and institutional strengthening. The component will also specifically promote the incorporation of a gender responsive planning into the PHILJA program. Cooperation is possible with the National Commission on the Role of Filipino Women (NCRF\V) and would be positively received. There are also possibilities with the Women Lawyers Network. On the Canadian side, the possibility of working with the Canadian National Judicial Institute (NJI) was explored and PHILJA would be comfortable working with them. The NJI has the capacity to assist not only in the delivery of one-off training but also planning/programming judicial education, the promotion of adult learning methods, and strategic planning.
Capacity development and institutional support will also be provided to the Barangay Justice System (BJS). The BJS is a low-cost community level dispute resolution mechanism that is a target for reform. This is a very attractive option for increasing access of the poor and marginal people to justice. There are also significant challenges such as: lack of earmarked budgetary allocations from any source, limited budgets, and low priority; systemic problems. The BJS falls under the jurisdiction of the Department of Justice (DOJ) for judicial matters, who provides almost no leadership and no budget. Supervision and training falls under the Department of Interior and Local Government (DILG) with a very limited budget. Barangay Justice is one of many competing priorities for DILG. Some cities and municipalities (usually higher income ones) provide budgetary support, but this is the exception. This is a major issue if activities are to be sustained; a tendency to use training of Barangay officials and advocates as the major vehicle to make improvements and very little evaluation of results to determine their longer term effectiveness, problems they encounter, follow-up required, etc. A USAID evaluation is currently underway. The activities will be defined in detail once the evaluation is completed.
Reform Advocacy Support : This component is in line with the reform support system element of the APJR. It involves networking and collaboration between the Judiciary and civil society for undertaking cooperative reform advocacy. The primary vehicle for this will be the Alternative - Law Groups (ALGs). The ALG is a network of member organizations. Among civil society groups, ALGs are the most interested and involved in legal and judicial reform related to improving access to justice of the poor. Each member organization has its own programs and concerns, With modest needs for capacity building, especially for developing strategic advocacy skills, there are several areas where the ALGs can potentially support the CIDA project activities, and contribute towards the full and effective implementation of the APJR. These include: working with PHILJA in incorporating in the curriculum for judges and justices, laws concerning the marginalized sectors; capacity building activities for community based conciliators under the BJS, including training sessions and legal clinics; public Information, Education and Communications programs on the BJS such as primers, reading materials community discussion sessions on the system, etc. The ALGs can mobilize civil society support for the reform programs and at the same time serve a watchdog function for the implementation of the APJR.The ALGs can also assist in information dissemination.
Technical Assistance and Research Fund : This component will complement the two components described above. It will also be used as a flexible mechanism to respond to changing needs and developments as the APJR is implemented. During project identification, various technical assistance and research needs emerged especially in relation to the mediation component (e.g., numbers of mediators, fee structures). It will also be used to support the PMO's coordination functions. The needs will be defined during project inception.
3.1Timeframe
The project will be implemented over a five year period.
3.2Project Implementation
Project implementation will involve the following organizations and management structures.
CIDA will award a contract to a Canadian Executing Agency (CEA) who will be responsible and for the overall financial, administrative and technical management of the project under the direction of the Project Steering Committee (PSC). The PSC will be the main decision-making structure and will be composed of CIDA and the key Filipino partners the Supreme Court represented by the PMO and PHILJA, a BJS representative and an ALG representative The CEA will act as the Secretariat to the Committee. The overall accountability of the project will rest with the CEA. The CEA will be accountable for ensuring that the various elements of the project are implemented properly and a synergy develops across components. The CEA will also ensure complimentarity with other CIDA projects and with other donor projects supporting the APJR. Local executing agencies and/or individuals recruited for implementation will be sub-contracted and managed by the CEA.
ANNEX "B"
CONTRIBUTION OF CANADA
CANADA through CIDA, will:
1.Enter into a contract with the CEA to manage CIDA's input to the Project. As a condition for obtaining a Canadian contribution, CIDA will require that the CEA be responsible for the overall financial, administrative and technical management of the Project and be accountable to CIDA for Project outputs and Project results;
2.Provide a representative for the Project Steering Committee as co-chair with the Supreme Court; and
3.Provide the services of a Project Monitor and an Evaluator, as deemed necessary.
ANNEX "C"
CONTRIBUTION OF THE PHILIPPINES
THE PHILIPPINES, through the Supreme Court, will:
1.Provide a representative for the Project Steering Committee as co-chair;
2.Provide administrative assistance to the Project as needed including access to required information;
3. Ensure the Canadian Project staff are provided with necessary documentation to facilitate their stay in the Philippines and arrange for customs clearance for eligible and documented Project shipments entering the Philippines; and
4.Provide office facilities and related support as deemed necessary for Project operations and activities.
ANNEX "D"
PROJECT IMPLEMENTATION PLAN
(To be signed within one hundred and eighty (180) days of the contract signing between CIDA and the CEA)
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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