The State Of Judicicial Libraries And Judicial Services

THE STATE OF JUDICIAL LIBRARIES AND JUDICIAL SERVICES By Milagros Santos-Ong SC Senior Chief Staff Officer Integrated Electronic Library System Orientation and Planning Workshop Pan Pacific Hotel, Manila, March 25-26, 2004.

I. INTRODUCTION

Traditionally a Library is defined as a collection of books, manuscripts and other literary materials kept for study, research, leisure and for other purposes. In this bio-age, a library may be a virtual library or a borderless or a library without walls accessible through the latest information highway/technology. Law libraries shares the basic collection, organization, service and other characteristics. The basic difference lies in the mission vision of each type of institution, whether it be academic, private institution like law offices, government, the executive, legislative and the judiciary or it be government controlled corporations like the GSIS, SSS etc. In this regard, the thrust the development of the collection of judicial library is inline with it primary role of dispensing justice and for the Supreme Court, it includes those that are related to its various projects such as the programs of the Philippine Judicial Academy, OCA and Court management and supervision, PMO, PIO and other projects of the court.. Another unique feature for a judiciary library is the DEMANDS OF LIBRARY SERVICES.

What is the composition of the judiciary library - SUPREME COURT, COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS AND THE COURT LIBRAIRES which at present are 75 in number

II. LAW LIBRARY COLLECTION

BASIC COLLECTION Sources of Law:

A. Statutes

a.1. Constitution a.2. Statutes Proper 4275 Acts (1901-1934) 733 Commonwealth Acts (1935-1945) 844 Batas Pambansa 2034 Presidential Decrees (1973-1981) 9263 Republic Acts (1`947-1973, 1986 to present) a.3. Treaties a.4. Administrative rules and Regulations

Other statutes such as Proclamations, Executive Order, Administrative Orders, Memorandum Orders, Memorandum Circulars promulgated by Supreme Court, President, Congress, and other government, government controlled corporations

Like treaties, they are the most difficult to monitor and acquire. Initial solution to this are: a. Websites of each institution such Supreme Court, Both House of Congress, COA, DOLE, CSC etc

However, just like our website, the SC decisions, Circulars and other materials are NOT COMPLETE.

b. LEX LIBRIS CD-ROM National Administrative Register which contains rules and regulations of government and government controlled offices During one hearing Committee on Justice then presided by the late Sen Marcelo B. Fernan when we presented an amendment to the Revised Administrative Code (Exe. Order No. 292) to provide the Supreme Court with the same benefits as the UP Law Center of requiring all government and government controlled to deposit certified copy of their rules and regulation, Sen Flavier said that NOT ALL comply with this rule. This statement is supported by some of our SC decisions and administrative decisions from the Office of the President.

B. Case Law/Jurisprudence

Decisions of the Supreme Court and the whole judiciary. Decisions of the US Supreme Court and those of other countries are used for persuasive effect.

Search Books

1.Legal Textbooks 2.Legal Encyclopedias 3.Law Dictionaries 4.Citators 5.LEX Libris, “Virtual Libraries” such as ChanRobles, Arellano, Abogado.com., etc. and the Internet 6.WESTLAW starting January 2004

Search for Law:

1. Indexes or descriptive or fact word method 2. Table of Contents, topics or analysis methods 3. Known Authority or Statute or Case Method 4. Definition or Words and Phrases Method III. Supreme Court LIBRARY SERVICES

a. Collection

The collection of the Supreme Court Library as of December 2003, has increased as follows: 1390 books, 67 pamphlets, 948 donations and 121 bound subscriptions. The total collection of the library is 82,876 volumes consisting of: 65,572 books, 1,910 bound legal periodicals, 8,083 pamphlets and 7,311 volumes of books donation.

A. Collection of the Supreme Court Library System

1. Card Catalog – Software used is the UNESCO CDS-ISIS

Card Catalog for the CA, Sandiganbayan, CTA, and the two model libraries are hot yet computerized. Court Libraries and partially the CA used the Los Angeles Classification Scheme. Another part of the CA and the Sandiganbayan use the Dewey Decimal Classification Scheme. An agreement was reached during the Convention of Court Librarians held in Cebu last year that all the Court Libraries with librarians will use the Los Angeles Classification Scheme. Majority of them are waiting for their computers and for the SC Library to put the collection in the SC website in order them to copylog.

2. Inventories

2.a. Inventory of Books of the SC Library are those distributed to the 32 “network libraries” of the Supreme Court 2.b. Inventory of Books Distributed to the lower courts throughout the Philippines 2c. Inventory of Books Distributed to the 75 Court Libraries B. Indexes The Supreme Court Library has the most up-to-date and comprehensive Index and Card Catalog Entries among all law libraries in this country. However, this is not seen and because our indexes are available manually/in the card catalog trays or printouts. It is the Library Staff and some members of the court who use them to provide the information that they need. Wouldn’t it be ideal to make this accessible right at the very office of Supreme Court, Judiciary and the Public?

1. Index to Official Gazette 1945.1985 Published in two (2) volumes 1986-1995 -- A print out is available at the Readers Services counter. It is recommended that this database be converted into CD-ROMS in order that it could be accessed by the different offices of the Court and the Court Libraries. 1996 to present is available on-line using the Claris software.

2. Title Index to Supreme Court decisions including resolutions from the En Banc and the three Divisions received by the Library

1986 to 1995 Title Index to decisions and resolutions is ready for printing or for CD-Rom conversion. A print-out is available at the Readers Services Counter. It is recommended that this be converted into CD-ROM for more access.

1996 to present is available on-line 3. Index to Philippine Legal Periodicals 1935-present 4. Index to Newspaper Clippings collection 5. Title Index to Court of Appeals Decisions

C. Services Personalized Services D. Computerization of the Library, Court Libraries and the Lower Court Computerization is the answer to making information available primarily to the Judiciary and to the rest of the world. It is a FACT that COMPUTERIZATION is the answer to a more accurate and faster legal research and management which translate to Component’s C - Role of Strengthening the Judiciary. An Electronic Judicial Library and Research Facility.

The IDEAL An Electronic Judicial Library and Research Facility is one similar to the WESTLAW where the materials that are needed for legal research may be obtained in full text with the click of the buttons. This too have its constraints for what is found into the WESTLAW are their publications and those where they have legal licenses. NOT ALL LEGAL MATERIALS are covered. Knowing this ideal system, the question that we need to answer is can we “afford” to establish and implement such as similar system. By afford, do we have the funds to purchase all the hardware and software ? Will SC or government restrictions allow us to hire computer specialist to maintain and implement this system? If the answer to this is NO or NOT at the moment, what can be the compromise An Electronic Judicial Library and Research Facility for the Philippines? Can we settle with the same system as the Singapore Supreme Court and similar other computerized system?

The need for the computerized system is definitely now primarily due to the research needs of the judiciary and for the fact that to know the law is a must – “Ignorance of the law excuses no one” Judges are administratively penalized due to ignorance of the law. The other reason are: a.Problems as to accessibility of materials which I will discuss later b.Archipelago c.Latest trend The Problem of accessibility is due to the service that the Library Services provide according to the following organizational set – up: a. Library Network with the Offices of the Chief Justice, Associate Justices, En Banc, 3 Divisions, and other offices in the Supreme Court; b. Library Network with the Office of the Court Administrator and other offices under its supervision; c. Library Network with Court Libraries and the lower courts d. Library Network with other leading Law Libraries e. Library network to be available to the public and in the long run charge a fee for request of full-text materials

e. Library Cooperation

 Networking with other Law and related libraries  PHILIPPINE GROUP OF LAW LIBRARIANS And other Library Associations

IV. COURT LIBRARIES

COURT LIBRARIES

1. Angeles City 2. Aparri, Cagayan 3. Bacolod City 4. Baguio City 5. Bambang, Nueva Vizcaya 6. Barotac Viejo, Iloilo 7. Batangas City 8. Bauang, La Union 9. Binangonan, Rizal 10. Bohol City 11. Butuan City 12. Cabanatuan City (MTCC) 13. Cabanatuan City (RTC) 14. Cagayan de Oro City 15. Caibiran, Biliran 16. Cebu City 17. Daet, Camarines Norte 18. Dagupan City, Pangasinan 19. Davao City 20. Dimasalang, Masbate (MCTC) 21. Dipolog City 22. Dumaguete City 23. Gapan, Nueva Ecija 24. Gen. Santos City 25. Guagua, Pampanga 26. Gingoog City 27. Ilagan, Isabela 28. Iligan City 29. Iloilo City 30. Imus, Cavite 31. Iriga City 32. Kalibo, Aklan 33. Kalinga, Apayao 34. Laoag City 35. Legaspi City 36. Lagawe, Ifugao 37. Lianga, Surigao Del Sur 38. Ligao, Albay 39. Lingayen, Pangasinan 40. Lipa City 41. Lucena City 42. Luna, Apayao 43. Makati City 44. Malolos, Bulacan 45. Mandaluyong City 46. Manila (MeTC) 47. Manila (RTC) 48. Marawi City 49. Masbate, Masbate 50. Medina, Misamis Oriental 51. Morong, Rizal 52. Muntinlupa City 53. Naga City 54. Odiongan, Romblon 55. Oroquieta City 56. Pagadian City 57. Palayan City 58. Panabo, Davao 59. Paranaque City 60. Pasay City 61. Pasig City 62. Quezon City 63. Romblon, Romblon 64. San Fernando, Pampanga 65. San Mateo, Rizal 66. San Pablo City 67. Sorsogon, Sorsogon 68. Surigao City 69. Tabaco, Albay 70. Taclobam City 71. Tagum, Davao 72. Tanauan, Batangas 73. Urdaneta, Pangasinan 74. Zamboanga City Court Librarians Association of the Philippines (CLAPHIL) is the association of court librarians throughout the Philippine. For the past two years of its existence, we have met through a seminar-workshop. During these occasions, their problems and possible remedies are discusses. Memorandum Order No. 8-2004 is the output of the last meeting.

The Supreme Court Library purchases and supplies the books and other library materials of the Court Libraries including those for the individual salas of the lower courts. In this regard it has a complete list (soft and hard copy) of the materials distributed. Updating of the collection is done religiously throughout the year. There are however two constraints:

a. Although the updated materials are available, they do not readily reach the end users due to the following: a.1. COA regulations as to property accountability a.2. Shipping or transporting of materials is dependent on the OCA Property Division. According to them, bidding of the forwarder in for a “year” basis. As of this date, March 25, 2004, no forwarder have been chosen. a.3. Books and other materials are also being distributed by the OCA, PHILJA and other offices of the Court. These materials are not incorporated in the “COMPLETE LIST” being maintained by the SC Library. Partial and Temporary solution undertaken is for the implementation of the Chief Justice Hilario Davide Jr.’s Memorandum Order No. 8-2004 for the OCA Property and the SC Library to reconcile their records. a.4. There are Court Libraries which are fortunate to receive donations. These materials are not part of the complete list. Recommendation is for them to include these materials in the annual inventory which they must now religiously submit, if possible electronically like Bacolod, to the SC Library.

b. Circulars, Memorandum Order and even the latest laws and rules and regulations are not accessible to these libraries. To remedy the first two is subject to the implementation of Memorandum Order No. 8-2004. Presently, the best mode for the Court Librarians to get the material they need and to communicate with the SC Library is by TEX or Celphone. When a Court Librarian needs the above materials, they TEX me and I send the materials that they need by fax. The problem with this mode is that these libraries do not have a fax. RTC Librarian of Baguio brought her own personal fax and pays personnaly for the telephone line. For the librarian of Tabaco, the nearest fax is in Legaspi. For some of them, they get their FAX through the IBP office or other fax facilities outside the courts.

Aside from Memorandum Order No. 8-2004, the immediate solution to this is to provide them with telephone line telephone line and either a FAX or Computers with Internet facilities. The later is more recommended for they could use it for legal research using CD ROMS and other library applications.

However, a SCANNER must be purchased for the SC Library in order to be able to send the document by e-mail. The ideal solution of course is the establishment of the ELECTRONIC JUDICIAL LIBRARY. With this ideal solution, the telephone line and computer are still necessary.

V. Lower Courts from Regional Trial Court including the Shariah Courts

a. Books for individual salas b. Services such as research, reference request and request for specific laws and jurisprudence

VI. NEEDS OF JUDICIAL LIBRARIES

I have just discussed the STATE OF JUDICICIAL LIBRARIES AND JUDICIAL SERVICES. The more important thing that we have address is what can we do to improve the present STATE OF JUDICICIAL LIBRARIES AND JUDICIAL SERVICES?

We know what are the materials needed by Judicial Libraries and other law libraries. The major problem are: 1. Lack of Facilities a. LAN b. Computers and other equipment such as Scanner, fax etc. c. Lex Libris and other needed CDs c. Telephone and other means of communication d. Space, shelves, supplies, etc. e. Other infrastructure 2. Staff/Personnel 3. Education and Training of Staff/Personnel

4. “Institutionally” recognized and supported networking 5. Financial Support

ANSWER TO THE ABOVE NEEDS:

.A1. ELECTRONIC JUDICIAL LIBRARY; A Virtual Law Library and Central Repository of Documents and Library Resources

A.1.a Decisions of the Supreme Court 1. a.1 Signed Decisions 1.a.2, Minute Resolutions (all) 1.a.3. Administrative matters such as those involving the discipline of judges and court personnel 2 Rules and Regulations and Issuances made by the Supreme Court, Office of the Court Administrator, Philippine Judicial Academy and other offices of the Court e.g. Office of the Administrative Services, Bar, etc. 3. Committee proceedings such as the Rules of Court, Legal Education, etc. 4. Internal Memorandum Orders, Circulars, and other issuances 5. Other Information and issuances such as proceedings of Seminars, Programs. etc. 6. Speeches, articles, papers, etc. of the Chief Justices, Associate Justices, Court Administrator, Deputy Court Administrator, Clerks of Court and other officials and employees of the Court 7. Archival records

A.1.b Court of Appeals, Sandiganbayan, Court of Tax Appeals 1. Decisions 1.b.1 Signed Decisions 1.b.2, Minute Resolutions (all) 1.b.3. Administrative matters 2 Rules and Regulations and Issuances 3. Division and Committee proceedings 4. Internal Memorandum Orders, Circulars, and other issuances 5. Other Information and issuances such as proceedings of Seminars, Programs. etc. 6 Speeches, articles, papers, etc. of the Presiding Justices, Associate Justices, Clerks of Court and other officials and employees 7. Archival records

A.1.c. Collection of the Libraries of the Supreme Court, Sandiganbayan, Court of Tax Appeals and the Court Libraries

- Organization and purchase of the collection of the Regional Trial Court Library for Lapu- Lapu City

A.2. Facilities  Purchase of Computers, Library software and legal online systems such as the CD Asia’s 20 LEX LIBRIS CD-Roms, and Access law. For the Supreme Court, it is recommended that the LEX LIBRIS subscription must be for LAN and incorporated in the computers where the OPAC will be installed.

 WESTLAW – Once the Supreme Court will have its own IP, the present subscription of the Supreme Court is a ‘Judiciary –wide subscription.”

 Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax Appeals and all Court Libraries must be given computers AND a telephone line

 Purchase of FAX, Laser scanner, laptop and digital camera are needed for the Supreme Court Library to implement further the establishment and service of the Electronic Judicial Library.

A.1.3. Personnel - Hiring and Training of Staff

A.1.4. Library Space

B . APPROACHES

B1. Establishment of an initial integrated library system

B.1.a. Procurement of the following  Integrated library software

LIBRARY SOFTWARE

There are about forty four (44) Library Software that I was able to get from the Internet. In addition to these forty four, there is three (3) that are not in the list. LISA, a product of G-Soft, a solely Filipino Corporation and the Open Source Software which is available for free and will be used by the Asian Development Bank Library and DOST Medical Libraries Group. UNESCO CDS/ISIS is also available for free through the UP Institute of Library Science. However, it an institution which has a number of libraries. The SC Library used it for the union catalog. There may be other libraries which have technical capabilities which are developing their own in-house system.

In the Philippines, a great number of libraries are using either of the following library software: a. MEALISA - UP Diliman, Ateneo Professional Schools, Senate and a number of libraries b. Athena is used by San Beda, University Asia and the Pacific and about fifty libraries c. LISA is used by Miriam College and Arellano Univerisity d. Follet is used by Cebu Normal University, DLSU Bernilde, DLSU Zobel, DLSU Dasmarinas, Iglesia ni Kristo and 38 other libraries e. Library Solutions/TLC is used by the National Library and its Public Libraries and the unit Libraries of the University of the Philippines f. Millenium is used by the De La Salle University Manila, University of Santo Tomas and IRRI g. VTLS is used by International School h. Voyager is used by the Library of Congress, and Harvard

 Computer hardware for the SC, CA, Sandiganbayan, CTA and Pilot Court Libraries  Laser Scanner for the documents  Digital camera and relate equipments  Printers  Fax  Security system – The best security system uses chips. However, the SC Library system can use the bar code system for it can be integrated with the Circulation of Library materials for COA purposes AND it is more affordable considering Philippine government standards and id likewise reliable.

B.1.b. Integrate the Library System for the Supreme Court, CA, Sandiganbayan, CTA, and Court Libraries B.1.c. Supreme Court Resolution/Order to provide the Supreme Court Library (soft or hardcopy) of all of the collection enumerated in A.1

B.1.c. Human Support

Close coordination of the Library and the MISO in the design, implementation, monitoring and support of the system. The MISO staff assigned to this project must be identified and on a permanent basis. Implementation of the Regulation by the different offices of the Court

Training of the Staff

C. RESOURCE REQUIREMENTS

Primary stakeholders are the officials and staff of the Supreme Court and the Judiciary and secondarily the general public

C.1. Human Resources

3.a. Supreme Court  Filling up of the vacant positions in the library with IT qualified individuals  Approval of the proposed additional staff/reflected in the annual budgetary proposal  Coordination and cooperation of the librarians of the Sandiganbayan, Court of Appeals, Court of Tax Appeals and the 3 Pilot Court Libraries and other Court Librarians  Training of members of the teams

C.2. Facilities Purchases of the recommended IT resources and equipment as enumerated in A.2

D. RISK AND CONCERNS

All can access the needed information from their own computers in their respective offices. In the long run, the full text will be available to the public for a fee

CONFIDENTIAL matters will be safeguarded accordingly

Commercial subscriptions purchased by the Supreme Court must comply with the license restrictions.