About the Programme
The Government of the Republic of the Philippines with the support of the European Union is implementing the Justice Sector Reform Programme: Governance in Justice II (GOJUST II). GOJUST II is funded by the European Union and implemented by the British Council and the United Nations Office for Project Services (UNOPS). GOJUST II builds on and continues the work of the predecessor programme, GOJUST, which was implemented from April 2016 to September 2020. GOJUST II is implemented in joint co-financing with the Spanish Agency for International Development Cooperation.
The overall objective of GOJUST is to contribute to inclusive and sustainable socio-economic development through improved access to justice for all in the Philippines. Specifically, it aims to develop more responsive and accountable justice services. It includes two components focusing on justice and human rights, respectively. The programme is being implemented from December 2020 to June 2025.
Background of the Assignment
Under Article VIII, Section 5 (5), the Supreme Court has the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts. In the exercise of such power, the Supreme Court has promulgated not only the Rules of Court, but also other special rules, guidelines and issuances affecting pleading, practice, and procedure on an ad hoc basis.
For the Family Courts alone, special rules exist for the Commitment of Children, Children in Conflict with the Law, Declaration of Absolute Nullity, Legal Separation, Provisional Orders, Guardianship of Minors, and Custody of Minors, in addition to the Rules of Court and the provisions of the Family Code on Summary Proceedings. Similarly, the Special Commercial Courts also have to contend with different rules of procedure for Intellectual Property Rights Cases, Financial Liquidation and Suspension of Payments, Financial Rehabilitation, Liquidation of Closed Banks, and Administrative Search and Inspection under the Philippine Competition Act. Separate rules also exist to regulate the practice of law in the form of Bar Matters and Administrative Circulars.
These multitude of rules, guidelines, and issuances have made it difficult for both judges and lawyers, and more importantly litigants and even law students to find applicable provisions, reconcile conflicting or overlapping issuances, and identify the effective dates of each, as well as trace their history, including relevant amendatory and repealing acts.
On 27 June 2022, the Supreme Court created a Technical Working Group to compile, classify, and index all pertinent rules, guidelines, and issuances on pleading, practice and procedure.
The Mission aims to assist the Supreme Court in compiling, classifying, and indexing all rules, guidelines, and issuances on pleading, practice, and procedure into a single resource for the use not only of the members of the Bench and the Bar, but even for litigants and law students.
The over-all objective of the Mission is to compile, classify, and index all rules, guidelines, and issuances on pleading, practice, and procedure into a single compendium.
Specifically, the non-key expert is expected to achieve the following objectives:
a. Design a framework for the compilation, classification, and indexing of all rules, guidelines, and issuances on pleading, practice, and procedure.
b. Obtain and compile all rules, guidelines, and issuances on pleading, practice, and procedure.
c. Classify the same according to the chosen framework and methodology.
d. Cross-referencing all the compiled rules and recommend a possible amendment of rules, laws, and of related Supreme Court decisions, which have an impact on the continued effectivity or substance of a rule of procedure.
e. Create a separate alphabetical index with references to the various rules pertaining to the subject matter or topic.
f. Compile and/or create checklists for use of the various stakeholders who may access the compendium.
Estimated start date is 25 September 2023. The main mission period is 26 days from 25 September 2023 to 31 March 2024.
Expression of interest should be submitted to Lalaine Alfaro by 31 August 2023, 11:59 p.m. (Manila time).
For the complete list of required qualifications and skills, and general and specific professional experience, please download the attached Terms of Reference below.
For questions and concerns, please reach out to Lalaine Alfaro (Lalaine.Alfaro@britishcouncil.org)