Draft Questions for the

Monitoring Toolkit

Preliminary Questions

Preliminary Questions
1. What is the nature of the case?
Civil
Criminal
Adminstrative
2. What court/body is the case pending in?
MeTC/MTC/MTCC/MCTC
RTC
Administrative Body (Please specify: ______________)
3. In what capacity are you answering this questionnaire?
As litigant
As lawyer
As independent monitor
Others (Please specify: ____________________)

Preliminary Questions
4. Which of the following factors do you consider important in influencing
peoples decision whether to file a case or not before the courts?
Level of complexity of procedures
Costs of litigation (filing fees, attorneys fees, transportation
expenses, etc.)
Access to courts (distance)
Gravity of the issue
Confidence in the legal system

Speedy Disposition
of Cases

Speedy Disposition of
Cases

1. How long has the case been pending in court?

0 12 months
1 3 years
4 5 years
More than 5 years (Please specify: __________________)
2. The hearings start on time.
Strongly Agree
Agree
Disagree
Strongly Disagree

Speedy Disposition of
Cases

3. How frequent are hearings scheduled for the case?

Once a week
Twice a month
Once a month
Once every two months
Once every three months
Others (Please specify: ____________________)
4. How many times have the hearings been postponed since trial started?
(ANSWER ONLY IF APPLICABLE; Please indicate the number of hearings
scheduled vis--vis the number of postponed hearings)
__________________

Speedy Disposition of
Cases

5. What are the causes of delay that you have experienced? (Please
check all those applicable)
Absence of judge
Absence of lawyer (public or private)
Absence of prosecutor
Absence of witnesses
Absence of parties to the case
Unforseen events
Clogged dockets/High volume of cases pending in the court
Change of lawyer
Others (Please specify: _______________________)
6. Were these delays reasonable?
Yes
No

Speedy Disposition of
Cases

7. From you experience, how long would it take to obtain a decision or

judgement starting from the moment the case is filed?
Less than 6 months
6 months to 1 year
1 to 3 years
3 to 5 years
5 to 8 years
More than 10 years
Not yet resolved
8. For civil and criminal cases, was the judgement rendered/promulgated
within ninety (90) days from the termination of trial?
Yes
No

Speedy Trial for Criminal

Cases

Speedy Trial for

Criminal Cases

1. Was the accused arraigned within thirty (30) days from the filing of
information or from the date the accused appeared before the court
where the case was pending?
Yes
No
2. Was the first day of trial held within thirty (30) days from arraignment?
Yes
No

Observance of Orderly
Procedure

Observance of Orderly
Procedure

1. If you are a litigant: The procedures in relation to your case are

clearly explained to you by:
a. Lawyer (private or public)
Strongly Agree
Agree
Disagree
Strongly Disagree
b. Court Personnel
Strongly Agree
Agree
Disagree
Strongly Disagree

Observance of Orderly
Procedure

2. If you are a lawyer: The judge strictly follows court procedures laid
by law in hearing and deciding cases.
Strongly Agree
Agree
Disagree
Strongly Disagree
3. If you are a lawyer: If there are instances that the judge did not
strictly follow court procedures, he or she provides reasons to justify
these. (ex. To speed up the process, etc.)
Strongly Agree
Agree
Disagree
Strongly Disagree

Observance of Orderly
Procedure

4. The judge is aware of updates on procedural laws and applies them

accordingly. (ex. Judicial Affidavit Rule, Efficient Use of Paper Rule,
Judicial Dispute Resolution and Court Annexed Mediation,
Environmental Procedures, etc.)
Strongly Agree
Agree
Disagree
Strongly Disagree

Accessibility of Courts

Accessibility of
Courts
1. Did any of the following characteristics negatively impact your ability
to access the justice system?
Age
Economic Status
Educational Level
Gender
Religion
Ethnicity
Disability

Accessibility of
Courts
2. How would you rate the physical accessibility of courts?
Very difficult
Difficult
Neither
Easy
Very easy
3. Which factors impaired your ability to access the courts? (please check
all those applicable)
Geographical distance of the hall of justice
Layout of the courts within the hall of justice
Access to information
Associated costs (ex. Transportation, meals, litigation costs, etc.)

Accessibility of
Courts
4. Basic laws and court procedures are explained in plain language, so
that people can understand them.
Strongly Agree
Agree
Disagree
Strongly Agree
5. The judiciary provides easy-to-understand information on peoples
legal rights.
Strongly Agree
Agree
Disagree
Strongly Disagree

Accessibility of
Courts
6. Court procedures are publicly available in the local language.
Strongly Agree
Agree
Disagree
Strongly Disagree
7. In your experience, the judiciary strives to make court procedures
accessible in dialects spoken in the area.
Strongly Agree
Agree
Disagree
Strongly Disagree

Accessibility of
Courts
8. Court personnel are efficient in responding to request for documents.
(Ex. Transcript of Stenographic Notes, kopya ng court orders, etc.)
Strongly Agree
Agree
Disagree
Strongly Disagree
9. Approximately how long does it take to obtain documents and/or
information that you requested?
Less than a week
Between one week to one month
Between one month to three months
Between three to six months
More than six months

Accessibility of
Courts
10.In your experience, was the process of securing documents and/or
information too expensive?
Yes
No
11.As a litigant: Were you induced to make extra-legal measures to
speed up the process of securing requested documents?
Yes
No

Independence and
Impartiality of the
Judge

Independence and
Impartiality of the Judge
1. The process of random raffling of cases is strictly followed and free
from influence of judges.
Strongly Agree
Agree
Disagree
Strongly Disagree
2. In your experience, the court(s) treat the following categories of people
equally?
Men and Women
Strongly Agree
Agree
Disagree
Strongly Disagree

Independence and
Impartiality of the Judge

Rich(er) and Poor(er)

Strongly Agree
Agree
Disagree
Strongly Disagree
Persons with Disabilities and Persons without Disabilities
Strongly Agree
Agree
Disagree
Strongly Disagree

Independence and
Impartiality of the Judge

Indigenous peoples and non-Indigenous peoples

Strongly Agree
Agree
Disagree
Strongly Disagree
3. The judge(s) conducts himself/herself in such a way that it minimizes
the occasions on which it will be necessary for them to be disqualified
from hearing cases.
Strongly Agree
Agree
Disagree
Strongly Disagree

Independence and
Impartiality of the Judge
4. The judge(s) refrains from knowingly making comments inside and
outside of the court that might reasonably be expected to affect the
outcome of the proceeding or impair the manifest fairness of the
process.
Strongly Agree
Agree
Disagree
Strongly Disagree
5. The judge(s) disqualifies himself/herself from participating in
proceedings in which he/she has actual bias or prejudice concerning a
party.
Strongly Agree
Agree
Disagree

Independence and
Impartiality of the Judge
6. The judge(s) disqualifies himself/herself from participating in
proceedings in which he/she has personal knowledge of the disputed
evidentiary facts concerning the proceedings.
Strongly Agree
Agree
Disagree
Strongly Disagree
7. The judge(s) inhibits or recuses himself/herself from participating in
proceedings where he/she or a member of his/her family has an
economic interest in the outcome of the matter in controversy.
Strongly Agree
Agree
Disagree
Strongly Disagree

Independence and
Impartiality of the Judge
8. The judge(s) is/are free and appears to be free from inappropriate
connections with, and influence by, the executive and legislative
branches of the government.
Strongly Agree
Agree
Disagree
Strongly Disagree

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