Letter of Atty. Setias of NCLA on legal audit of cases

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31 March 2008

ATTY. AVELINO M. SUMAGUI

IBP Cavite Chapter President

IBP Chapter Building, E. Aguinaldo Highway,

Imus, Cavite

Subject :

LEGAL AUDIT OF CASES OF EXTRA-

JUDICIAL KILLINGS IN THE PHILIPPINES

The INTEGRATED BAR OF THE PHILIPPINES-NATIONAL

COMMITTEE ON LEGAL AID (IBP-NCLA), in coordination with The Asia

Foundation (TAF), with the support of the Australian Agency for International

Development (AusAID), launched on 28 March 2008 at the J.B. L. Reyes Hall, 4 th

/F

IBP Building, Doña Julia Vargas Avenue, Ortigas Center, Pasig City, the project aptly called the “LEGAL AUDIT OF EXTRA-JUDICIAL KILLINGS IN THE

PHILIPPINES” (the “Project”).

The Project aims to survey, collate, and study cases of extra-judicial killings pending before courts and other administrative bodies all over the country, in order to identify weaknesses and obstacles to the effective and prompt resolution of cases, and recommend measures to overcome these challenges. Specifically, the objectives of the Project are as follows:

1.

Collate information on the number and nature of cases of extra-judicial killings pending with trial courts and administrative bodies nationwide;

2.

Determine the status of cases and identify causes of delay, if any, in the disposition of these cases;

3.

Gather recommendations to correct the failings or flaws, if any, in the prosecutorial and judicial process of resolving cases of extra-judicial killings;

4.

Produce and updated inventory of cases of extra-judicial killings that have been prosecuted and resolved, and identify areas (cities, municipalities, provinces or regions) with the most number of cases of extra-judicial killings as well as courts which are efficient and effective in handling such cases; and

5.

Help bring back the people’s confidence in the judicial system.

The Project will run for a period of six (6) months, which officially started on 15 March 2008 and will end on 15 September 2008. The legal audit will cover all cases of extrajudicial killings pending before first and second level courts, the

Court of Appeals, the Supreme Court, the Sandiganbayan, and the Office of the

Ombudsman. It will also include administrative complaints filed before the

National Police Commission, the Commission on Human Rights, the Court

Marshall, and other administrative bodies.

In line therewith, all the Legal Aid Offices of the IBP situated nationwide will be mobilized to visit different trial courts (in some chapters, also appellate courts and administrative bodies) within their respective jurisdictions and conduct an inventory of cases of extra-judicial killings, and submit a report to the

NCLA reflecting certain information as indicated in the FORM hereto attached and made an integral part hereof as Annex “A”. A certain amount will be provided to cover expenses for transportation and cost of photocopying of certain documents.

The first batch of the duly accomplished Forms (Annex “A”) should be forwarded to the NCLA on or before 31 May 2008, and the second batch will be due on or before 31 July 2008.

Should you need further clarification, please feel free to call us at Tel. No.

631-3013 or 631-3016 and ask for Radie or Bembie.

Thank you and more power.

Very truly yours,

ROSARIO T. SETIAS-REYES

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