Browsing by Author "Baluyan, Maria Jannie Luiza C."
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Item Restricted Wealth as an extra-legal factor in judicial decision making: Probing the party capability theory in the Philippine context(2013-10) Baluyan, Maria Jannie Luiza C.; Salazar, Kim Philip S.; Ducanes, Geoffrey M.This paper aims to test the occurrence of the Party Capability Theory in the Philippine context, particularly during the year 2012. The theory suggests that 'haves' -litigants with greater capability to acquire resources, inevitably fare better in court than 'have nots'. This advantage can be explained by the repeat player status of the 'haves' and their ability to obtain better legal aide through their wealth. However, previous literature on developing countries suggest that Third World countries tend to have a predisposition towards the less privileged. This is more apparent during times when the legitimacy of judicial bodies is in question [Haynie, 1994]. Our empirical results support the argument of previous studies that litigants with lower resource capability come out ahead in court. However, results that are limited to public cases suggest that more privileged litigants fare better. This can be explained by the nature of public cases, and the greater ability to harness legal resources by the 'haves'. Moreover, the results show that repeat player status negatively affects the likelihood of winning a case in the 2012 context.