Wednesday, December 12, 2012

RCAO Must Be Established In All Regions

As early as the year 1999, the Supreme Court (SC) committed to establish the Regional Court Administration Offices (RCAO) as contained in the Blueprint of Action for Judicial Reform. The United Nations Development Program (UNDP)  and the Supreme Court launched the blueprint, way back in February 2000, with the Supreme Court Justices then, sitting en banc. I was tasked to be a Reactor on behalf of Regional Trial Court Judges and other Judges from the lower courts. I deem that I was chosen as a Reactor because I was part of those who were consulted in the formulation of the blueprint being a long time advocate for Judicial Reform particularly in the areas of Gender Sensitivity and Responsiveness in the Judiciary. I recall that while I was part of the Alternative Law Groups and the Social Development NGOs way back then, Atty. Midas Marquez, was part of those who consulted us. The SC  took into consideration the sentiments and suggestions of various groups, court users and stakeholders in formulating the blueprint. I also recall that during the launch, now SC Chief Justice Maria Lourdes Sereno was one of the speakers since  she played an important role in the formulation of the blueprint.

More than twelve years after that launch, many of the desired Judicial Reform programs contained in the blueprint are still not properly accomplished. One of those, is the creation of the RCAO save for one, in Region 7, in Cebu City. I am not aware of any process undertaken to review  why many of the programs were not properly implemented. Is it  possible that the fast turn over of Justices including Chief Justices, from 2000 to 2012 is a factor?  That is the reason why the call for Truth Telling to look into the present "State of the Judiciary"  is very vital.

 In 2001, during the Supreme Court's Centenary Celebrations I was given a Special Award both by the SC and the Foundation for Judicial Excellence for "Transparency and Advocacy of Judicial Reform". In 2004, I tendered my irrevocable resignation as RTC  Judge in Davao City in order to proceed with my advocacy work,  as an outsider advocate. I indicated in my resignation letter that I find that being an insider advocate is no longer feasible. Immediately, we established ACCCTTS Center that convened the Transformative Justice Institute (TJI) through our family funded ministry.

The TJI is a co-convenor of the National Movement For Transformative Justice, along with Good Shepherd Nuns. TJI conducts regular dialogues with the various pillars of the Justice System, thus it is well informed of the various issues and concerns that continue to hamper the effective and efficient administration of justice in our country. It also works closely with JACOA, Justice Advocates and Court Observers Anchorpersons, with volunteeer court monitors.

Our study shows that while we have generally good laws; there are so many problems in the structures or institutions tasked to enforce or apply the laws because of the Intertwining Culture of Patriarchy, Corruption and Impunity, in our Justice system. For the past 2 years, we have been working closely with the NAC CEAP, National Advocacy Commission of the Catholic Educational Association of the Philippines. We are countering the prevailing culture thru Transformative Education. Likewise, thru the Access to Justice Program of the PCW, Philippine Commission on Women, women's groups are closely working together in the hope that the present government will be able to truly cause for genuine Judicial Reform to take place.

Many people, including lawyers are  losing faith in our justice system. Due to tremendous miscarriage of justice especially in cases involving VAWC,violence against women and their children, many children are placed at risk. The number of CICL, Children In Conflict with Laws increase. That negatively impacts  the peace and order condition of our country. 

The sub-culture of domination,subordination and cooptation that impact on the independence of the judiciary especially the lower courts is still prevalent. The lower courts encounter so many problems because of the highly centralized system of court administration. There is an urgent need to devolve the power and authority in court administration.

The creation of Regional Court Administration Offices will lead to tremendous benefits. Some of these are:
  1. Strengthening of lower courts:
    1. The sub-culture of domination, subordination and cooptation will be checked. Lower court judges will not be treated like minions and they cannot just be easily pressured by high ranking Judicial Officials to decide cases due to whatever ties: political, fraternal, friendly or blood ties;
    2. Lower courts will no longer need to get any form of support from Local Government       Units, which oftentimes have pending cases before the lower courts. 
  2. Equitable distribution of financial benefits. Court workers in the regions will be able to get their fair share of the Judiciary Development Fund  (JDF),  which the lower courts are oftentimes responsible in collecting.
  3. Efficient use of time and resources. Court workers in the regions need not travel to Manila just to follow up certain concerns like vacation or sick leaves, or retirement benefits.
  4. Access to Justice is enhanced. Court users who have complaints against local judges or court personnel can have easier access to  the Office of the Court Administrator thru the RCAO.
The "bosses", the citizens of our country, the taxpayers, are united in calling for Judicial Reform to take place in our country as early as possible. We appeal to our Supreme Court Justices and Officials to dialogue and set aside all forms of animosities as reported in the news yesterday and today. Please review the Blueprint of Action of the Judiciary and act accordingly. Let us all be guided with the following admonition from the book of life, the Bible, to wit:           
   
"God has shown you human being what is good, and what does the Lord require of you but to do justice, to love mercy and to walk humbly with God" (Micah 6:8);

"If my people, who are called by my name humble themselves and pray and seek my face and turn  from their wicked ways, then I will hear from heaven, will forgive their sin and will heal their land" (2Chronicles 7:14)

"Therefore I urge you brothers and sisters, by the mercies of God, to present your bodies a living and holy sacrifice, acceptable to God, which is your spriritual service of worship. And do not be conformed to this world, but be transformed by the renewing of your mind, so that you may prove what the will of God is, that which is good and acceptable and perfect" (Romans 12: 1 and 2).

As true administrators of justice, let us show our love to God and country by giving full support to the much needed Judicial Reform. God bless everyone.


Dory Cruz Avisado, 12-12-12

























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