Rising to the Challenges: Executive Judges Reflect on Access to Justice During Pandemic and Post-COVID Possibilities

The ABA ROLI Philippines team recently interviewed Philippine Executive Judges, Hon. Rofebar Gerona of Sorsogon City and Hon. Cecilyn Burgos-Villavert of Quezon City.

Judge Gerona was among the trial court judges who attended the Supreme Court training on the 2019 Amendments to the Rules of Civil Procedure and the Rules of Evidence. The training encompassed a series of seventeen lectures funded, in part by USAID through ABA ROLI. The lectures were originally scheduled for May, but were  postponed due to the COVID-19 pandemic. Fortunately, in September 2020, the Supreme Court commenced implementation of the training sessions. This was made possible through  a hybrid approach that responded to the ongoing risks associated with the pandemic. The approach leveraged socially distant in-person activities and remote participation via online platforms.

ABA ROLI asked Judge Gerona about his court’s first response to the announcement that the country was in a national health emergency and everyone was required to stay home.

“It seemed like the world stood still, courts seemed inaccessible.”

He shared how judges navigated urgent concerns during the ‘enhanced community quarantine.’ Their responses were informed by the  guidance of the Supreme Court and several policies already in place pre-COVID. These additional policies included the use of electronic communication, which is yet to be fully formalized  in the Philippine context.

However, Judge Gerona shared that it was not easy to adjust to certain COVID-19 protocols in place, such as the recommended minimum number of staff allowed to physically report to work, and the use of wearing face masks and face shields— a health protocol that is mandatory throughout the country.

“Justice is important, but the health of everyone is of paramount consideration.”

In conclusion, we asked what Judge Gerona thought of the blended learning approach of the training session on the new guidelines. He said, “Judges greatly appreciate that the Supreme Court and ABA ROLI made remote learning available.”

He opined that with virtual participation now possible, members of the bench can focus on learning from the expert lectures without worrying about their health. He expressed hope that the same can be made available to members of the bar. He also noted that it is important to continue exploring the use of digital tools to enhance access to justice, especially for individuals or witnesses who often have to travel far to attend hearings. Video conferencing, he noted, can also mitigate risks for witnesses and law enforcement personnel—  such as when the witnesses have to travel or are transported from facilities to the courts are persons deprived of liberty.

Conversation with Hon. Cecilyn Burgos-Villavert

ABA ROLI interviewed Judge Cecilyn Burgos-Villavert about her court's  response to the national emergency.he shared that other Executive Judges collaborated to create a COVID-19 response team and put together health protocols while awaiting national guidelines. Judge Villavert also spoke positively of the efficient and coordinated efforts of the Quezon City (QC) trial courts and the city government which enabled them to carry out operations despite the hardships. Quezon City has the highest number of COVID-19 cases in the Philippines.

When asked about access to justice and technology, Judge Villavert emphasized that it is necessary to use current digital technology.

“We should adjust to technology for better access to justice by the different court users. The Supreme Court did that, and is still doing it because we are still under the pandemic.”

In her station, including prior to COVID-19, “eCourts” and “eSubpoena” were already available. These innovations were introduced by ABA ROLI’s USAID-funded JUSTICE Project. “Pre-pandemic access to court by court users is very limited. In QC, use of technology is limited to eCourt, eSubpoena, just like in other jurisdictions. But eCourt is only a case management system, while eSupboena is simply to ensure attendance of the parties during hearing. Because of this pandemic, there has been a sudden shift, a proper adjustment on the use of technology.”

In addition, Judge Villavert pointed out that the current practices on electronic filing of pleadings and videoconferencing are necessary to ensure the safety of parties in interest and court personnel. With the exception of certain proceedings where in-person hearings are imperative, Judge Villavert believes that technology in courts is here to stay particularly because it promotes efficient use of time.

Judge Villavert who attended the Supreme Court new guidelines lectures in-person, expressed preference for the traditional face-to-face meetings.

A dedicated Family Court Judge, she poignantly spoke of her role as member of the judiciary, “We will continue to be in public service no matter what the situation is, given the proper tools, and I think we are quite successful in that.”

Learn more about ABA ROLI’s work across Asia & the Pacific.