THE STATE OF JUDICIAL LIBRARIES AND JUDICIAL SERVICES

By

Milagros Santos-OngSC Senior Chief Staff Officer

Integrated Electronic Library SystemOrientation 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 COLLECTIONSources of Law:

A. Statutes

a.1. Constitutiona.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. Treatiesa.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 Textbooks2. Legal Encyclopedias3. Law Dictionaries4. Citators5. LEX Libris, “Virtual Libraries” such as ChanRobles, Arellano,

Abogado.com., etc. and the Internet6. WESTLAW starting January 2004

Search for Law:

1. Indexes or descriptive or fact word method

2. Table of Contents, topics or analysis methods3. Known Authority or Statute or Case Method4. 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-line3. Index to Philippine Legal Periodicals 1935-present

4. Index to Newspaper Clippings collection5. 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 Librariese. 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 City2. Aparri, Cagayan3. Bacolod City4. Baguio City5. Bambang, Nueva Vizcaya6. Barotac Viejo, Iloilo7. Batangas City8. Bauang, La Union9. Binangonan, Rizal10. Bohol City11. Butuan City12. Cabanatuan City (MTCC)13. Cabanatuan City (RTC)14. Cagayan de Oro City

15. Caibiran, Biliran16. Cebu City17. Daet, Camarines Norte18. Dagupan City, Pangasinan19. Davao City20. Dimasalang, Masbate (MCTC)21. Dipolog City22. Dumaguete City23. Gapan, Nueva Ecija24. Gen. Santos City25. Guagua, Pampanga26. Gingoog City27. Ilagan, Isabela28. Iligan City29. Iloilo City30. Imus, Cavite31. Iriga City32. Kalibo, Aklan33. Kalinga, Apayao34. Laoag City35. Legaspi City36. Lagawe, Ifugao37. Lianga, Surigao Del Sur38. Ligao, Albay39. Lingayen, Pangasinan40. Lipa City41. Lucena City42. Luna, Apayao43. Makati City44. Malolos, Bulacan45. Mandaluyong City46. Manila (MeTC)47. Manila (RTC)48. Marawi City49. Masbate, Masbate50. Medina, Misamis Oriental51. Morong, Rizal52. Muntinlupa City53. Naga City54. Odiongan, Romblon55. Oroquieta City56. Pagadian City57. Palayan City58. Panabo, Davao59. Paranaque City60. Pasay City

61. Pasig City62. Quezon City63. Romblon, Romblon64. San Fernando, Pampanga65. San Mateo, Rizal66. San Pablo City67. Sorsogon, Sorsogon68. Surigao City69. Tabaco, Albay70. Taclobam City71. Tagum, Davao72. Tanauan, Batangas73. Urdaneta, Pangasinan74. 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 accountabilitya.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 salasb. 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. Decisions1.b.1 Signed Decisions

1.b.2, Minute Resolutions (all) 1.b.3. Administrative matters2 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 Univerisityd. 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 Schoolh. 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 LibrariesB.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. FacilitiesPurchases 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.