The advocacy of the Transformative Justice Institute and its allies for the Justice and Healing approach in resolving cases on Domestic Violence and Sexual Harassment is gaining so much popularity. In Davao City, the Justice and Healing Teams that we trained to handle cases of Domestic Violence have given us the feedback particularly thru the Integrated Gender Development Division (IGDD) of the local government. They report that many have started to avail of the J and H approach.
On December 12 to 15, 2013, a group of academicians connected with a State University and State College from Manila and Luzon came to Davao City to undergo a Seminar on the "Basic Concepts of Justice and Healing to Create a Sexual Harassment Free Environment ". The Commission on Higher Education (CHED) fully supports this endeavor as reflected in a CHED Memorandum.
In our trainings of Justice and Healing Teams we always emphasize the need for the doers of violence or the abusers to admit the wrongs that were done. After acknowledging the wrongs that were done, the doers of violence or the abusers must commit that they will never to do the same again. The doers of violence or abusers then would ask for apology or forgiveness and agree to undergo psychological counseling or psychiatric treatment, if there need be.
We always emphasize the importance of the fourth requirement to undergo psychological counseling and psychiatric treatment for the purpose of correction, rehabilitation and reformation of the doers of violence or abusers, and the healing of the traumatized victims. We have many stories and experiences in Davao City which we share during trainings that led to the correction and reformation of abusers and healing of the victims. All of the trainees are fully convinced that the Justice and Healing Approach is the better way to resolve cases of Sexual Harassment and Domestic Violence particularly in the area of psychological and economic abuses. Even those involved in the administration of justice in the various pillars of the Criminal Justice System believe that the J and H approach should be the way to go.
Indeed the J and H approach is the way to go even for the healing of our nation. Due to both natural and human made calamities that our country experienced this year, from the Zamboanga siege, to the Bohol earthquake and the supertyphoon Yolanda, the song "Heal our Land" has once more become popular. The lyrics of the song goes:
If my people will humble themselves, humble themselves and pray,
If they seek my face and humble themselves and turn from their wicked ways;
REFRAIN 1
I will hear from heaven and forgive their sins, I will hear from heaven and
heal their land;
CHORUS:
Lord, heal our land
Father, heal our land
Hear our cry and turn our nation back to You
Lord, heal our land
Hear us Oh, Lord, and heal our land
Forgive our sin and heal our broken land
Lord, we vow our knee, we humble ourselves
Humble ourselves and pray
Lord, we seek your face and humble ourselves
And turn from our wicked ways
REFRAIN 2
Father in your mercy, forgive our sins
Father in your mercy, come heal our land
CHORUS
Hear our cry and heal our broken land
Truly, if we as a people will own and acknowledge our mistakes, commit to do away with our wrongdoings and seek forgiveness from the Almighty God and mend our ways, our God will hear our prayers and will heal our land.
We must acknowledge that many people in our country are wronged by our present system. Many people live below the poverty line and are so poor that they are not able to enjoy the basic necessities in life. Many of the poor people are victims of various forms of injustices. Many times they are robbed of what rightfully belong to them. The main culprit for this continuing situation is the intertwining culture of patriarchy, corruption and impunity in our society that has become pervasive that many people think and believe that we are a hopeless nation. This is of course not true at all.
We at the Transformative Justice Institute fully believe that our nation has a very bright future. As a people we must unceasingly demand for what is right and just for our country in accordance with law. The people's call for the abolition of the pork barrel is one of the best examples. We thank and appreciate the Supreme Court for declaring PDAF unconstitutional. There will be very good consequences for our nation's progress and development with such decisive action. Our people are becoming more aware and vigilant on what reforms are needed to be done such as the transformation of our justice system and upholding the Rule of Law.
Generally, we already have very good laws in this country. The few remaining laws which are considered discriminatory or obsolete are being seriously reviewed and hopefully will be abrogated or amended soon. There will be a new Code of Crime according to the drafters from the Department of Justice (DOJ). Hopefully, Congress shall pass the new Code of Crime by 2015.
With so much dynamism taking place in our country those who are offering themselves to become political leaders need to shape up and be able to really feel the people's pulse. People are now aware that our country is very poor in the area of observance, compliance, implementation and enforcement of laws. The different institutions involved in such tasks are very weak apparently due to the prevailing culture of patronage politics. The padrino, bata-bata and the palakasan system which are still very pervasive is being revealed and unmasked.
Among lawyers there are now open discussions on why our justice system particularly the judiciary is in mess. Many are blaming the abuse and misuse of fraternity ties identifying a fraternity from the top state university as the main culprit. It is shown that said fraternity is in the habit of controlling government by placing their brods in key government positions to assure that they have the right connections from all over, that includes the three main branches of the Philippine government.
There is now an on-going discussion between the Transformative Justice Institute and some leaders of the national Integrated Bar of the Philippines (IBP). There is a big chance that the IBP will lead the lawyers group in the cleansing of the Judiciary by positively responding to the call of Supreme Court Chief Justice Maria Lourdes Sereno.
With practically all sectors of the Philippine society raising their voices, demanding for change and transformation, we believe that we are now on our way and in the process of healing our nation and respecting and upholding the rule of law. By God's grace, we hope to achieve this goal soon.Padayon ta.
To all allies and friends, Merry Christmas and a Happy, Peaceful and Bright New Year !!!
Isaiah 40:31 states "Those that wait upon the Lord shall renew their strength, they shall mount up with wings like the eagles, they shall run and not grow weary, they shall walk and not faint".
Proverbs 3: 5 and 6 states "Trust in the Lord with all your hearts and lean not unto your own understanding, in all your ways acknowledge Him and He shall direct your path."
Dory Cruz Avisado
12-23-13
Monday, December 23, 2013
Friday, November 29, 2013
JUSTICE and HEALING
In a country where the Rule of Law and the Justice System is weak, advocates for justice and peace and support groups of victims of Gender Based Violence (GBV) will not stop to seek for ways and means to achieve justice and healing for both victims and doers of violence. That is what we have committed to pursue along with Sister Josephine Bacaltos, RGS, of WOMYNET and Kaugmaran Pagpagahum Foundation , Ms. Lorna Bercilla Mandin of the Integrated Gender Development Division (IGDD) of the local government unit (LGU), Attys. Wendel E. Avisado and Arnold C. Abejaron of Men Opposed to Violence Everywhere (MOVE Davao), Gemma C. Avisado and Rebecca P. Cruz, of the Advocacy Consultancy Counseling and Christian Teaching and Training Services Center (ACCCTTS Center) and Ethel C. Avisado, of the Transformative Justice Institute (TJI) along with our networks of friends and allies.
While the above-named groups are based in Davao city, we network and link up with various groups all over the country with similar experiences in the various pillars of the Philippine justice system. Most of us have wide exposures in handling marital and family related cases and in assisting victims of violence including sexual harassment.
Aware of the intertwining culture of partriarchy corruption and impunity in the justice system we cannot wait to see the much needed transformation take place and leave both the victims and doers of violence remain helpless and unempowered in dealing with their circumstances.
We find the need to popularize alternative approaches in order to effectively deal with the various forms of violence to help families and our communities.
While we continue to persistently advocate in transforming and strentgthening the various pillars of our criminal justice system including the judiciary, we are now proceeding with an Alternative Dispute Resolution on various cases on Domestic violence and Sexual Harassment through the Justice and Healing approach.
Being aware that the judiciary still lacks the much needed gender sensitivity and responsiveness to apply laws such as RA 9262 or the Anti Violence Against Women and their Children Act of 2004 and RA 7877, the Anti Sexual Harassment Act, we find that identified gender sensitive and responsive members of the community can be effective facilitators in effecting Justice and Healing. Thus in Davao city, we have trained various Justice and Healing Teams for this purpose.
The Davao city experience is shared by many friends and allies like Theresa "Terret" D. Balayon, former Executive Director of the Women's Crisis Center (WCC) based in Manila. They also have stories of Justice and Healing. Terret facilitated a week of discussion about experiences on Justice and Healing in Davao city and another one in Metro Manila where I was invited as a resource person. In both seminars participants express problems they have encountered in the Philippine Justice System. Sharing of stories of miscarriages of justice, frustration of both complainants and lawyers and their support groups with regard to the court system abound.
During the November 2012 dialogue that some women's group had with the Committee on Gender Responsiveness in the Judiciary (CGRJ), its Chairperson Associate Justice Teresita de Castro expressed support to the Justice and Healing concept presented by Terret. The family court judges who participated in that dialogue shared how they also feel battered by the number of cases they handle in their courts. They welcome effective alternative approaches in dispensing justice.
In the training of Justice and Healing Teams to handle cases of Domestic Violence involving psychological and economic abuses in Davao city, participants from the government sector particularly the Department of Interior and Local Government (DILG), the Philippine National Police (PNP) and the City Social Services Development Office (CSSDO) expressed their deep appreciation for what they have learned especially because they did "role playing" in conducting justice and healing sessions. They all feel that this should be the way to go if we desire an effective process of handling cases of Domestic Violence, Sexual Harassment including cases of Children in conflict with law (CICL). The participant from DILG said that she will recommend that the Justice and Healing component be introduced in their trainings of the Lupong Tagapamayapa in the barangays.
The Justice and Healing Teams are made aware that one very important component of the whole process is the submission of the parties, both the victims of violence and the doers of violence to psychological counseling or psychiatric treatment if needed. The traumatized victims need counseling for healing while the doers of violence need to learn how to deal with anger and emotions for correction, rehabilitation and reformation. The Davao city experience shows that doers of violence can be corrected, rehabilitated and reformed. The group MR GAD, Men's Responsibility in Gender and Development was able to demonstrate this.
Counseling needs to be popularized in the Philippines considering that many persons including lawyers and judges are not keen on this, despite the provisions in RA 9262 in this regard. Many lawyers contend that if they allow their clients to submit for counseling it will be tantamount to admission of guilt on the part of their clients. Admittedly, there is a need to amend RA 9262 in order that issues on Domestic Violence can be better administered in the courts of law. Likewise, lawyers must realize that the administration of justice is not just a matter of winning or losing cases. It also means helping their clients to become better persons and individuals. By doing that they are able to help transform their society where people with certain psychological issues are healed and corrected without being incarcerated.
It is a fact that the incarceration of a member of family involved in Domestic violence results in tremendous trauma and pain especially to the children. Negative experiences of this kind inflicts more trauma to children who may end up being involved in crimes of various forms. The punitive approach of the law is not helping create a just and peaceful society in our country.
The very valid question that is usually raised when you push for psychological counseling or psychiatric treatment is the cost involved in paying psychologists or psychiatrists. Again, I cite the Davao city experience. The Integrated Gender Development Division of our local government unit ensures that the 5% GAD budget is properly utilized. Part of such budgetary allocation is alloted to counseling. The IGDD, is tying up with Psychological and Counseling centers in the local academe where socialized charging of fees is arranged. The IGDD is making sure that Psychologists and Psychiatrists they engage are gender sensitive and responsive.
As we continue with our work for the transformation of the Philippine Justice System we also see transformative justice and healing taking place in our midst.
Proverbs 22: 8 says " Whoever sows injustice will reap calamity, and the rod of anger will fail".
Dory Cruz Avisado
11-29-13
While the above-named groups are based in Davao city, we network and link up with various groups all over the country with similar experiences in the various pillars of the Philippine justice system. Most of us have wide exposures in handling marital and family related cases and in assisting victims of violence including sexual harassment.
Aware of the intertwining culture of partriarchy corruption and impunity in the justice system we cannot wait to see the much needed transformation take place and leave both the victims and doers of violence remain helpless and unempowered in dealing with their circumstances.
We find the need to popularize alternative approaches in order to effectively deal with the various forms of violence to help families and our communities.
While we continue to persistently advocate in transforming and strentgthening the various pillars of our criminal justice system including the judiciary, we are now proceeding with an Alternative Dispute Resolution on various cases on Domestic violence and Sexual Harassment through the Justice and Healing approach.
Being aware that the judiciary still lacks the much needed gender sensitivity and responsiveness to apply laws such as RA 9262 or the Anti Violence Against Women and their Children Act of 2004 and RA 7877, the Anti Sexual Harassment Act, we find that identified gender sensitive and responsive members of the community can be effective facilitators in effecting Justice and Healing. Thus in Davao city, we have trained various Justice and Healing Teams for this purpose.
The Davao city experience is shared by many friends and allies like Theresa "Terret" D. Balayon, former Executive Director of the Women's Crisis Center (WCC) based in Manila. They also have stories of Justice and Healing. Terret facilitated a week of discussion about experiences on Justice and Healing in Davao city and another one in Metro Manila where I was invited as a resource person. In both seminars participants express problems they have encountered in the Philippine Justice System. Sharing of stories of miscarriages of justice, frustration of both complainants and lawyers and their support groups with regard to the court system abound.
During the November 2012 dialogue that some women's group had with the Committee on Gender Responsiveness in the Judiciary (CGRJ), its Chairperson Associate Justice Teresita de Castro expressed support to the Justice and Healing concept presented by Terret. The family court judges who participated in that dialogue shared how they also feel battered by the number of cases they handle in their courts. They welcome effective alternative approaches in dispensing justice.
In the training of Justice and Healing Teams to handle cases of Domestic Violence involving psychological and economic abuses in Davao city, participants from the government sector particularly the Department of Interior and Local Government (DILG), the Philippine National Police (PNP) and the City Social Services Development Office (CSSDO) expressed their deep appreciation for what they have learned especially because they did "role playing" in conducting justice and healing sessions. They all feel that this should be the way to go if we desire an effective process of handling cases of Domestic Violence, Sexual Harassment including cases of Children in conflict with law (CICL). The participant from DILG said that she will recommend that the Justice and Healing component be introduced in their trainings of the Lupong Tagapamayapa in the barangays.
The Justice and Healing Teams are made aware that one very important component of the whole process is the submission of the parties, both the victims of violence and the doers of violence to psychological counseling or psychiatric treatment if needed. The traumatized victims need counseling for healing while the doers of violence need to learn how to deal with anger and emotions for correction, rehabilitation and reformation. The Davao city experience shows that doers of violence can be corrected, rehabilitated and reformed. The group MR GAD, Men's Responsibility in Gender and Development was able to demonstrate this.
Counseling needs to be popularized in the Philippines considering that many persons including lawyers and judges are not keen on this, despite the provisions in RA 9262 in this regard. Many lawyers contend that if they allow their clients to submit for counseling it will be tantamount to admission of guilt on the part of their clients. Admittedly, there is a need to amend RA 9262 in order that issues on Domestic Violence can be better administered in the courts of law. Likewise, lawyers must realize that the administration of justice is not just a matter of winning or losing cases. It also means helping their clients to become better persons and individuals. By doing that they are able to help transform their society where people with certain psychological issues are healed and corrected without being incarcerated.
It is a fact that the incarceration of a member of family involved in Domestic violence results in tremendous trauma and pain especially to the children. Negative experiences of this kind inflicts more trauma to children who may end up being involved in crimes of various forms. The punitive approach of the law is not helping create a just and peaceful society in our country.
The very valid question that is usually raised when you push for psychological counseling or psychiatric treatment is the cost involved in paying psychologists or psychiatrists. Again, I cite the Davao city experience. The Integrated Gender Development Division of our local government unit ensures that the 5% GAD budget is properly utilized. Part of such budgetary allocation is alloted to counseling. The IGDD, is tying up with Psychological and Counseling centers in the local academe where socialized charging of fees is arranged. The IGDD is making sure that Psychologists and Psychiatrists they engage are gender sensitive and responsive.
As we continue with our work for the transformation of the Philippine Justice System we also see transformative justice and healing taking place in our midst.
Proverbs 22: 8 says " Whoever sows injustice will reap calamity, and the rod of anger will fail".
Dory Cruz Avisado
11-29-13
Wednesday, October 9, 2013
WOMEN'S ACCESS TO JUSTICE
The Philippine Commission on Women (PCW) has been in the forefront in promoting women's access to justice for decades. A large number of Human Rights advocates for women and children are fully supportive of the program on access to justice. The call is becoming stronger each day, as miscarriage of justice in many cases of women and children continue to happen. The range of advocacies vary from Legislative and Policy advocacies to advocacies in countering the intertwining culture of patriarchy, corruption and impunity in the justice system, to the calls for increase in the judicial budget, judicial independence, and the creation of the regular Family Courts under RA 8369, among other things.
International bodies, being aware of the sad plight of many victims of violence against women and children (VAWC) all over the world, are doing their part in promoting women's access to justice. Aware that the Judiciary has a big role to play in this regard, the United Nations Entity for Gender Equality and Empowerment of Women (UN Women), in collaboration with the International Commission of Jurists (ICJ) and the Thailand Office of the Judiciary convened a "Judicial Colloquium on Gender Equality Jurisprudence and the Role of the Judiciary in Promoting Women's Access to Justice" last September 4 and 5, 2013, in Bangkok Thailand. I was invited to be a Resource Person on the Battered Woman Syndrome as a defense under RA 9262, during the fourth session of the colloquium.
Participants from all court levels including the Supreme Courts, legal practitioners, government institutions, judicial educators, national human rights institutions and representatives from civil society from 9 South East Asian (SEA) countries were in attendance. The 9 countries are:
1. Cambodia;
2. Indonesia ;
3. Laos PDR;
4. Malaysia;
5. Myanmar;
6. Philippines;
7. Thailand;
8. Timor Leste; and
9. Vietnam
The objectives of the Judicial Colloquium are as follows:
"1. To discuss developments in gender equality jurisprudence in relation to State obligations under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, (UN CEDAW), including challenges and successful cases;
2. To discuss the role of the judiciary in promoting women's access to justice; and
3. To strengthen the understanding of CEDAW and its application in the context of culture and customary and traditional practices or religion among the judiciary in South East Asia".
During the 2 day colloquium in Bangkok, the Philippines was cited several times as a country that has been (partly) compliant with CEDAW; at least in so far as Philippine laws and policies are concerned. This is indeed true, as reflected in our policy trail from the 1987 Philippine Constitution to an array of statutes from RA 7192, the Women in Nation Building and Development Law passed in 1992, all the way to RA 9710 or the Magna Carta of Women that was passed in 2009.
Of course, our PCW continuously leads us in advocating for the amendment of several remaining discriminatory laws against women as it presented the Women's Priority Legislative Agenda (WPLA), before the 16th Congress which I discussed in my September 2013 article.
As we all know, there is so much weakness in the areas of application, enforcement, implementation, observance and compliance of our beautiful laws by the various institutions in our government due to the prevailing intertwining culture of patriarchy, corruption and impunity in the Philippine Justice System. As a matter of fact, the UN CEDAW expressed the problem in our Judiciary when it tackled the Rape case of Karen T. Vertido, presented by Atty. Evalyn Ursua during the 5th session of the colloquium with the topic "Gender stereotyping in rape trials". I am glad that the head of the Philippine Judicial Academy (PHILJA) Former Supreme Court (SC) Associate Justice (AJ) Adolf Azcuna, SC AJ Teresita Leonardo de Castro who heads the Committee on Gender Responsiveness in the Judiciary (CGRJ) and SC AJ Marvic Leonen were in the colloquium. The Philippine representatives were quite dynamic in all the presentations and discussions including our very own Jeannie Manipon of UN Women.
There were eleven Concluding Recommendations made by all the participants as follows:
"1. Encourage the establishment of gender equality committees within judiciaries where appropriate to monitor and support the application of gender equality principles, gender-sensitive procedures and gender-responsive practices within the judiciary.
2. Encourage the formation of a regional network of judges to promote continuing dialogue, knowledge and information sharing regarding the application of CEDAW and other international human rights treaties in judicial systems.
3. South East Asian judges should apply CEDAW and/or CEDAW obligations and Principles to domestic judicial decision making to combat and redress gender discrimination. CEDAW and its principles may be used in the following ways:
a. as an interpretive guide
b. to resolve ambiguity
c. to fill gaps in domestic law
d. as a source of definition in particular of concepts of equality and discrimination.
4. Initial training and continuing education for judges, judicial officers from all levels of the courts, and others tasked with the administration of justice, legal practitioners, using appropriate methodologies based on collective experiences of judges and should be provided on CEDAW, its principles, and other relevant international human rights instruments and their application to all areas of law and procedure, and should be integrated into ongoing judicial education programs.
5. Judicial institutions should be encouraged to conduct gender training including focus on sexuality and sexual violence in close cooperation with civil society experts, including those working with survivors of gender-based violence and those affected by gender discrimination.
6. Judicial training programs should include progressive gender-responsive interpretations of customary and religious norms, where applicable, in close cooperation with civil society experts.
7. Dialogue should be promoted among judges, legal practitioners and legislators on the incorporation of CEDAW into national laws and their application to gender-based discrimination cases.
8. Encourage knowledge and information sharing, including through social media, on judicial decisions between judges among South East Asian countries on CEDAW and its implementation at the domestic level.
9. National and regional databases should be established on gender equality jurisprudence with translation into local languages as well as a common language where possible.
10. Amend and update or create relevant guidelines on judicial practices to protect the dignity and safety of complainants and witnesses including through non-intimidating and non-discriminatory courtroom management and use of appropriate technology to reduce secondary victimization especially in cases of sexual violence.
11. SEA judicial institutes should consult with each other on a periodic basis to exchange ideas for courses on gender training. National evidence-based research should be conducted to enhance a better understanding of judges to promote women's access to justice and gender equality".
The UN WOMEN and ICJ's project in promoting Women's Access to Justice is very vital as it can propel and expedite the national program of the Philippines on Access to Justice to be concretized through a gender sensitive and gender responsive administration of justice in cases of women and children.
Proverbs 1:7 states: " The fear of the Lord is the beginning of knowledge; but fools despise wisdom and instruction".
Dory Cruz Avisado
10-9-13
International bodies, being aware of the sad plight of many victims of violence against women and children (VAWC) all over the world, are doing their part in promoting women's access to justice. Aware that the Judiciary has a big role to play in this regard, the United Nations Entity for Gender Equality and Empowerment of Women (UN Women), in collaboration with the International Commission of Jurists (ICJ) and the Thailand Office of the Judiciary convened a "Judicial Colloquium on Gender Equality Jurisprudence and the Role of the Judiciary in Promoting Women's Access to Justice" last September 4 and 5, 2013, in Bangkok Thailand. I was invited to be a Resource Person on the Battered Woman Syndrome as a defense under RA 9262, during the fourth session of the colloquium.
Participants from all court levels including the Supreme Courts, legal practitioners, government institutions, judicial educators, national human rights institutions and representatives from civil society from 9 South East Asian (SEA) countries were in attendance. The 9 countries are:
1. Cambodia;
2. Indonesia ;
3. Laos PDR;
4. Malaysia;
5. Myanmar;
6. Philippines;
7. Thailand;
8. Timor Leste; and
9. Vietnam
The objectives of the Judicial Colloquium are as follows:
"1. To discuss developments in gender equality jurisprudence in relation to State obligations under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, (UN CEDAW), including challenges and successful cases;
2. To discuss the role of the judiciary in promoting women's access to justice; and
3. To strengthen the understanding of CEDAW and its application in the context of culture and customary and traditional practices or religion among the judiciary in South East Asia".
During the 2 day colloquium in Bangkok, the Philippines was cited several times as a country that has been (partly) compliant with CEDAW; at least in so far as Philippine laws and policies are concerned. This is indeed true, as reflected in our policy trail from the 1987 Philippine Constitution to an array of statutes from RA 7192, the Women in Nation Building and Development Law passed in 1992, all the way to RA 9710 or the Magna Carta of Women that was passed in 2009.
Of course, our PCW continuously leads us in advocating for the amendment of several remaining discriminatory laws against women as it presented the Women's Priority Legislative Agenda (WPLA), before the 16th Congress which I discussed in my September 2013 article.
As we all know, there is so much weakness in the areas of application, enforcement, implementation, observance and compliance of our beautiful laws by the various institutions in our government due to the prevailing intertwining culture of patriarchy, corruption and impunity in the Philippine Justice System. As a matter of fact, the UN CEDAW expressed the problem in our Judiciary when it tackled the Rape case of Karen T. Vertido, presented by Atty. Evalyn Ursua during the 5th session of the colloquium with the topic "Gender stereotyping in rape trials". I am glad that the head of the Philippine Judicial Academy (PHILJA) Former Supreme Court (SC) Associate Justice (AJ) Adolf Azcuna, SC AJ Teresita Leonardo de Castro who heads the Committee on Gender Responsiveness in the Judiciary (CGRJ) and SC AJ Marvic Leonen were in the colloquium. The Philippine representatives were quite dynamic in all the presentations and discussions including our very own Jeannie Manipon of UN Women.
There were eleven Concluding Recommendations made by all the participants as follows:
"1. Encourage the establishment of gender equality committees within judiciaries where appropriate to monitor and support the application of gender equality principles, gender-sensitive procedures and gender-responsive practices within the judiciary.
2. Encourage the formation of a regional network of judges to promote continuing dialogue, knowledge and information sharing regarding the application of CEDAW and other international human rights treaties in judicial systems.
3. South East Asian judges should apply CEDAW and/or CEDAW obligations and Principles to domestic judicial decision making to combat and redress gender discrimination. CEDAW and its principles may be used in the following ways:
a. as an interpretive guide
b. to resolve ambiguity
c. to fill gaps in domestic law
d. as a source of definition in particular of concepts of equality and discrimination.
4. Initial training and continuing education for judges, judicial officers from all levels of the courts, and others tasked with the administration of justice, legal practitioners, using appropriate methodologies based on collective experiences of judges and should be provided on CEDAW, its principles, and other relevant international human rights instruments and their application to all areas of law and procedure, and should be integrated into ongoing judicial education programs.
5. Judicial institutions should be encouraged to conduct gender training including focus on sexuality and sexual violence in close cooperation with civil society experts, including those working with survivors of gender-based violence and those affected by gender discrimination.
6. Judicial training programs should include progressive gender-responsive interpretations of customary and religious norms, where applicable, in close cooperation with civil society experts.
7. Dialogue should be promoted among judges, legal practitioners and legislators on the incorporation of CEDAW into national laws and their application to gender-based discrimination cases.
8. Encourage knowledge and information sharing, including through social media, on judicial decisions between judges among South East Asian countries on CEDAW and its implementation at the domestic level.
9. National and regional databases should be established on gender equality jurisprudence with translation into local languages as well as a common language where possible.
10. Amend and update or create relevant guidelines on judicial practices to protect the dignity and safety of complainants and witnesses including through non-intimidating and non-discriminatory courtroom management and use of appropriate technology to reduce secondary victimization especially in cases of sexual violence.
11. SEA judicial institutes should consult with each other on a periodic basis to exchange ideas for courses on gender training. National evidence-based research should be conducted to enhance a better understanding of judges to promote women's access to justice and gender equality".
The UN WOMEN and ICJ's project in promoting Women's Access to Justice is very vital as it can propel and expedite the national program of the Philippines on Access to Justice to be concretized through a gender sensitive and gender responsive administration of justice in cases of women and children.
Proverbs 1:7 states: " The fear of the Lord is the beginning of knowledge; but fools despise wisdom and instruction".
Dory Cruz Avisado
10-9-13
Sunday, September 22, 2013
CREATE REGULAR FAMILY COURTS
Our advocacy for the implementation of Republic Act 8369 for the creation of the regular Family Courts in the Philippines must be intensified. This has been my recurring call and challenge to those who are seeking for the transformation of the Justice System. RA 8369 passed into law as early as October 1997. It should have been implemented as early as 1998.
While waiting for Congress to allocate the necessary funds for the implementation of RA 8369, the Supreme Court designated various Regional Trial Courts (RTC) in the country to act as Family Courts. I have personally heard many Judges complain about their designation as Acting Family Court Judges. They prefer to remain as regular RTC's.
As mentioned in my previous article, I tendered my irrevocable resignation as RTC Judge in the year 2004, in order to be a full time advocate for the transformation of the justice system. For a period of about 5 years, I was engaged by the Department of Justice (DOJ) and the then National Commission on the Role of Filipino Women (NCRFW), renamed Philippine Commission on Women (PCW) under RA 9710, the Magna Carta of Women, to train Prosecutors all over the country that appear before Family Courts. The 3 day training is about the Gender Sensitive Manner of Handling Cases of Women and Children. Once sensitized, the common complaint of most prosecutors is the lack of gender sensitivity and responsiveness on the part of the Family court judges before whom they regularly appear.
The criticisms against Family Court judges heightened when RA 9262, the Anti-Violence Against Women and their Children Act, took effect in March 2004. Many Family Court judges even openly criticize the law as biased against men. Clearly, they lack the needed understanding of how important that law is in order to help put a stop to abuses in intimate relations, where victims are mostly women and their children.
We are aware that the Philippine Judicial Academy (PHILJA) takes care of training Judges and Justices to become gender sensitive and responsive. Despite this, we continue to receive complaints from court users including several litigators who have given up their practice out of sheer frustration in the manner many Acting Family Court judges administer cases of women and children. There are so many narratives that project miscarriage of justice in many cases before the designated Family Courts.
Many court users speculate that the poor performance of many Acting Family Court Judges may be directly attributable to their dislike of the positions which they were forced to accept. Many judges they say, are heard saying, they have no choice but to follow the Supreme Court directive.
In a documented narrative in Davao City, the group of Sister Josephine Bacaltos, RGS, Executive Director of WOMYNET, raised to the Supreme Court their request for the replacement of one designated Family Court Judge in Davao City. They noted the pattern where the Judge oftentimes asserts the reconciliation of the couple despite the physical abuse suffered by the woman petitioner and the clear provision of the law against conciliation in cases of such nature.
The Judge, when confronted with petitions for Temporary Protection Order (TPO), usually asks the woman petitioner if she still loves her husband. When the woman says "yes", at the same time showing the bruises, etc. the Judge will berate the lawyers and scold them for breaking up families. The Judge asserts his belief that families should remain intact at all cost.
The Judge is obviously not aware of the Cycle of Violence and how it can lead to a Battered Woman Syndrome (BWS). Let me digress a little here to encourage everyone to watch my presentation about the BWS last September 4, 2013 in the Judicial Colloquium on Gender Equality Jurisprudence and The Role in Promoting Women's Access to Justice, sponsored by the UN WOMEN and the International Commission of Jurists (ICJ) held in Bangkok, Thailand. Please click the video below.
Back to the issue about the importance of creating regular Family Courts. When the Acting Family Court Judge from Davao city was made to comment by the Supreme Court on the letter request for his replacement, he did not raise any objection. He liked it, albeit, he underscored that he cannot understand why there is a contention that he lacks gender sensitivity and responsiveness when he was raised by his parents with the right Filipino values.
The Judge whom we personally know to be a good person, is obviously confused considering that like many Filipinos he was raised in a culture of patriarchy that allows women to just accept their "fate and suffer in silence because it is purely a family matter and should remain a private concern between the couple". The WOMYNET group was deeply frustrated when the Supreme court denied the replacement of the Judge despite his willingness to be replaced. Eventually, the Judge opted to avail of early retirement.
Several women's groups had a dialogue with the Committee on Gender Responsiveness in the Judiciary (CGRJ) at the Supreme Court last November 2012. There were several Family Court judges in attendance. They were all complaining how they too are battered with too many cases. We truly sympathize with their situation thus we are popularizing the Justice and Healing approach in handling cases on Domestic Violence and Sexual Harassment. But, we have to tackle this topic later.
On September 11, 2013, the Philippine Commission on Women, presented the Women's Priority Legislative Agenda (WPLA) to the 16th Congress. Chair Remmy Rikken talked about Women Making Legislative Herstory: Reliving Experiences in Upholding Women's Rights.
Executive Director Miyen Verzosa, presented the WPLA. There were about 10 Policy Briefs presented covering the following, to wit:
1. Extending Social Protection for Women in the Informal Sector:
ENACTING A MAGNA CARTA OF WORKERS IN THE INFORMAL ECONOMY;
2. Addressing the System of Prostitution in the Philippines, Imposing Penalties for Perpetrators and Providing Protective Measures and Support Services for Victims: ENACTING THE ANTI-PROSTITUTION LAW (AMENDING ARTICLES 202 and 341 OF THE REVISED PENAL CODE);
3. Addressing the Inequality in our Penal Law on Adultery and Concubinage: ENACTING THE ANTI-MARITAL INFIDELITY LAW;
4. Ensuring Women's Equal Rights in Marriage and Family Relations: REPEALING THE LAW ON PREMATURE MARRIAGE;
5. Upholding the Right of Life and Security of Spouses and Daughters: REPEALING ARTICLE 247 OF THE REVISED PENAL CODE;
6. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE EXERCISE OF PARENTAL CONSENT TO MARRY AS PROVIDED FOR IN THE FAMILY CODE;
7. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE ADMINISTRATION AND ENJOYMENT OF COMMUNITY PROPERTY OR CONJUGAL PARTNERSHIP UNDER THE FAMILY CODE;
8. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE EXERCISE OF PARENTAL AUTHORITY OVER THE PERSON AND LEGAL GUARDIANSHIP OVER THE PROPERTY OF COMMON CHILDREN AS PROVIDED FOR IN THE FAMILY CODE;
9. Recognizing Serious Physical and Sexual Abuse as Ground for Legal Separation: AMENDING THE FAMILY CODE PROVISION ON LEGAL SEPARATION;
10. Strengthening Law Enforcement and Protection Against Sexual Offenses: EXPANDING THE ANTI-SEXUAL HARASSMENT LAW.
As I was earlier requested by the PCW to give a Response to the presentation, I commended them for the Policy Briefs. They researched and explained each and every item very well. The Transformative Justice Institute is fully supportive of the WPLA. In my response, I commented that so far the Philippines is one of the more progressive countries in Asia in terms of existing laws and policies for the protection of women and children.
With the presence of people from Congress in the forum who pledged to support the WPLA, the 10 proposed policies will hopefully, smoothly sail in the 16th Congress. However, I stressed the fact that while we are advanced in the area of passage of laws, we are very weak and poor in the areas of its application as well as law enforcement, implementation, observance and compliance. I mentioned about the continuing failure of our government to implement RA 8369 for the creation of the Regular Family Courts. I pointed out the tremendous miscarriage of justice going-on in many cases of women and children despite the beautiful laws already in place.
It is vital that Congress will allocate the appropriate funds for RA 8369 to be implemented. We are all aware that there is enough money in order to finally implement this law. After all in 2011, both Malacanang and Congress already sent us letters of commitment that the law for regular Family Courts will already be implemented.
I appreciate Congresswoman Estrellita Suansing who promised to look into this matter, last September 11, 2013.
Proverbs 28:5 states that "Evil persons do not understand justice, but those who seek the Lord, understand it fully".
While waiting for Congress to allocate the necessary funds for the implementation of RA 8369, the Supreme Court designated various Regional Trial Courts (RTC) in the country to act as Family Courts. I have personally heard many Judges complain about their designation as Acting Family Court Judges. They prefer to remain as regular RTC's.
As mentioned in my previous article, I tendered my irrevocable resignation as RTC Judge in the year 2004, in order to be a full time advocate for the transformation of the justice system. For a period of about 5 years, I was engaged by the Department of Justice (DOJ) and the then National Commission on the Role of Filipino Women (NCRFW), renamed Philippine Commission on Women (PCW) under RA 9710, the Magna Carta of Women, to train Prosecutors all over the country that appear before Family Courts. The 3 day training is about the Gender Sensitive Manner of Handling Cases of Women and Children. Once sensitized, the common complaint of most prosecutors is the lack of gender sensitivity and responsiveness on the part of the Family court judges before whom they regularly appear.
The criticisms against Family Court judges heightened when RA 9262, the Anti-Violence Against Women and their Children Act, took effect in March 2004. Many Family Court judges even openly criticize the law as biased against men. Clearly, they lack the needed understanding of how important that law is in order to help put a stop to abuses in intimate relations, where victims are mostly women and their children.
We are aware that the Philippine Judicial Academy (PHILJA) takes care of training Judges and Justices to become gender sensitive and responsive. Despite this, we continue to receive complaints from court users including several litigators who have given up their practice out of sheer frustration in the manner many Acting Family Court judges administer cases of women and children. There are so many narratives that project miscarriage of justice in many cases before the designated Family Courts.
Many court users speculate that the poor performance of many Acting Family Court Judges may be directly attributable to their dislike of the positions which they were forced to accept. Many judges they say, are heard saying, they have no choice but to follow the Supreme Court directive.
In a documented narrative in Davao City, the group of Sister Josephine Bacaltos, RGS, Executive Director of WOMYNET, raised to the Supreme Court their request for the replacement of one designated Family Court Judge in Davao City. They noted the pattern where the Judge oftentimes asserts the reconciliation of the couple despite the physical abuse suffered by the woman petitioner and the clear provision of the law against conciliation in cases of such nature.
The Judge, when confronted with petitions for Temporary Protection Order (TPO), usually asks the woman petitioner if she still loves her husband. When the woman says "yes", at the same time showing the bruises, etc. the Judge will berate the lawyers and scold them for breaking up families. The Judge asserts his belief that families should remain intact at all cost.
The Judge is obviously not aware of the Cycle of Violence and how it can lead to a Battered Woman Syndrome (BWS). Let me digress a little here to encourage everyone to watch my presentation about the BWS last September 4, 2013 in the Judicial Colloquium on Gender Equality Jurisprudence and The Role in Promoting Women's Access to Justice, sponsored by the UN WOMEN and the International Commission of Jurists (ICJ) held in Bangkok, Thailand. Please click the video below.
Back to the issue about the importance of creating regular Family Courts. When the Acting Family Court Judge from Davao city was made to comment by the Supreme Court on the letter request for his replacement, he did not raise any objection. He liked it, albeit, he underscored that he cannot understand why there is a contention that he lacks gender sensitivity and responsiveness when he was raised by his parents with the right Filipino values.
The Judge whom we personally know to be a good person, is obviously confused considering that like many Filipinos he was raised in a culture of patriarchy that allows women to just accept their "fate and suffer in silence because it is purely a family matter and should remain a private concern between the couple". The WOMYNET group was deeply frustrated when the Supreme court denied the replacement of the Judge despite his willingness to be replaced. Eventually, the Judge opted to avail of early retirement.
Several women's groups had a dialogue with the Committee on Gender Responsiveness in the Judiciary (CGRJ) at the Supreme Court last November 2012. There were several Family Court judges in attendance. They were all complaining how they too are battered with too many cases. We truly sympathize with their situation thus we are popularizing the Justice and Healing approach in handling cases on Domestic Violence and Sexual Harassment. But, we have to tackle this topic later.
On September 11, 2013, the Philippine Commission on Women, presented the Women's Priority Legislative Agenda (WPLA) to the 16th Congress. Chair Remmy Rikken talked about Women Making Legislative Herstory: Reliving Experiences in Upholding Women's Rights.
Executive Director Miyen Verzosa, presented the WPLA. There were about 10 Policy Briefs presented covering the following, to wit:
1. Extending Social Protection for Women in the Informal Sector:
ENACTING A MAGNA CARTA OF WORKERS IN THE INFORMAL ECONOMY;
2. Addressing the System of Prostitution in the Philippines, Imposing Penalties for Perpetrators and Providing Protective Measures and Support Services for Victims: ENACTING THE ANTI-PROSTITUTION LAW (AMENDING ARTICLES 202 and 341 OF THE REVISED PENAL CODE);
3. Addressing the Inequality in our Penal Law on Adultery and Concubinage: ENACTING THE ANTI-MARITAL INFIDELITY LAW;
4. Ensuring Women's Equal Rights in Marriage and Family Relations: REPEALING THE LAW ON PREMATURE MARRIAGE;
5. Upholding the Right of Life and Security of Spouses and Daughters: REPEALING ARTICLE 247 OF THE REVISED PENAL CODE;
6. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE EXERCISE OF PARENTAL CONSENT TO MARRY AS PROVIDED FOR IN THE FAMILY CODE;
7. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE ADMINISTRATION AND ENJOYMENT OF COMMUNITY PROPERTY OR CONJUGAL PARTNERSHIP UNDER THE FAMILY CODE;
8. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE EXERCISE OF PARENTAL AUTHORITY OVER THE PERSON AND LEGAL GUARDIANSHIP OVER THE PROPERTY OF COMMON CHILDREN AS PROVIDED FOR IN THE FAMILY CODE;
9. Recognizing Serious Physical and Sexual Abuse as Ground for Legal Separation: AMENDING THE FAMILY CODE PROVISION ON LEGAL SEPARATION;
10. Strengthening Law Enforcement and Protection Against Sexual Offenses: EXPANDING THE ANTI-SEXUAL HARASSMENT LAW.
As I was earlier requested by the PCW to give a Response to the presentation, I commended them for the Policy Briefs. They researched and explained each and every item very well. The Transformative Justice Institute is fully supportive of the WPLA. In my response, I commented that so far the Philippines is one of the more progressive countries in Asia in terms of existing laws and policies for the protection of women and children.
With the presence of people from Congress in the forum who pledged to support the WPLA, the 10 proposed policies will hopefully, smoothly sail in the 16th Congress. However, I stressed the fact that while we are advanced in the area of passage of laws, we are very weak and poor in the areas of its application as well as law enforcement, implementation, observance and compliance. I mentioned about the continuing failure of our government to implement RA 8369 for the creation of the Regular Family Courts. I pointed out the tremendous miscarriage of justice going-on in many cases of women and children despite the beautiful laws already in place.
It is vital that Congress will allocate the appropriate funds for RA 8369 to be implemented. We are all aware that there is enough money in order to finally implement this law. After all in 2011, both Malacanang and Congress already sent us letters of commitment that the law for regular Family Courts will already be implemented.
I appreciate Congresswoman Estrellita Suansing who promised to look into this matter, last September 11, 2013.
Proverbs 28:5 states that "Evil persons do not understand justice, but those who seek the Lord, understand it fully".
Click the video to watch my presentation on the Battered Woman Syndrome
Wednesday, August 28, 2013
THE FILIPINO SPIRIT
The long suffering Filipino (Ang Matiising Pilipino) is rising again (bumabangon muli). Twenty seven years ago, in 1986, the People Power toppled the dictatorship of then President Ferdinand E. Marcos. Three years before that, on August 21, 1983, former Senator, Benigno "Ninoy" Aquino, Jr., was murdered when he returned to the Philippines to push for the needed government transformation. The death of Ninoy triggered the rage of the long suffering Filipino nation who started to yell and scream "Sobra Na..Tama Na", this is too much, Enough !!!
The wave of change was inevitable and in God's perfect time it happened. The Filipinos demonstrated to the world that a bloodless revolution is possible. The Filipino People Power revolution in 1986, is being hailed all over the world, and continue to be cited as a good model in peacefully changing a bad government.
President Corazon "Cory" Aquino facilitated the restoration of democracy and the passage of the 1987 Philippine Constitution, which was overwhelmingly ratified by the Filipino people. However, the absolute compliance, observance, enforcement and implementation of the Philippine Constitution is still not in place after twenty seven long years due to the continuing failure of government to properly respect and uphold the Rule of Law.
The 1987 Philippine Constitution clearly provides that the sovereign Filipino people with the aid of Almighty God, desire the following:
1. Build a just and humane society;
2. Establish a government that shall embody our ideals and aspirations;
3. Promote the common good;
4. Conserve and develop our patrimony; and
5. Secure to ourselves and our posterity the blessings of:
5.1. Independence and democracy under the Rule of Law; and
5.2. A regime of truth, justice, freedom, love, equality, and peace.
What the Filipinos desire as expressed in the Preamble of the Philippine Constitution, is still so very far from our present reality. There is still so much poverty. There are so many women and children who continue to suffer. Criminal activities abound and remain unabated. Many government institutions are not able to function in accordance with their mandates. Clearly, there is a breakdown of law and order. The rule of law is far from being upheld or respected up to now, despite the fact that we have a President who is perceived to be more sincere than his predecessor. Admittedly, the past administration under President Gloria Macapagal Arroyo, heightened the intertwining culture of patriarchy, corruption and impunity that is still so pervasive in our midst today.
The long suffering Filipinos are rising again. This time, the call is to stop all forms of abuses and corruption in government. The Filipinos are now wiser and more discerning. The freedom of the
press and freedom of expression pave the way for people to know exactly
what is happening to the the government albeit, it takes some time and
some whistleblowers to come out before a grandiose anomaly can be
exposed. The system of governance especially in the aspect of budgeting
is so broken that the taxpayers money are not properly used in achieving
what we really desire for our country.
We now all know
that patronage politics is principally the main culprit why political
leaders do not honor the Constitution that will ensure checks and
balances between and among all the three branches of our government.
Our country still do not enjoy genuine democracy because of the
propensity of those holding positions of power in the three branches of
the government to co-opt each other. Co-optation is facilitated thru the abuse and misuse of the money which we conscientiously pay to our government. It is all about money and power for many of them. Money talks.
The
ouster of the dictator did not result in the transformation needed for
our country to advance and develop as desired because the justice system
is so dysfunctional that many of those who only love power and money
and who were highly instrumental in corrupting the system remain
unpunished. The huge amount of money robbed from the Filipinos by
previous political leaders is perceived to be the main source of what is
being used to bribe those in the judiciary. Many of those political
leaders or members of their families are able to cling to positions in
government that enable them to continue to corrupt the system. Worse,
many of those who participated in the People Power revolution in 1986,
when given positions of power also became abusive and corrupt.
The
pork barrel, in whatever name or label it is called is a tool used to
coopt those in different institutions of government, including the
voters. The money used in vote buying is also the money of the
taxpayers. That is why, every Filipino has a right to demand from our
government to stop the anomalous practice of pork barrel allocation.
We
are aware that President Noynoy Aquino have some important pieces of
legislations which he likes Congress to pass, such as the Basic Law for
the Bangsamoro.We perceived that this could be the main reason why he
vacillated in the first wave of call for the abolition of the pork
barrel. But upon hearing the rising voices of the Filipinos all over the
country, PNOY, who somehow remains sensitive to serve his 'bosses'
changed his stand and conceded the need for the abolition of the pork
barrel although it is not totally geared towards creating the needed
atmosphere that will strengthen the independence of the three branches
of the government and enhancing its roles for checks and balances.
PNOY
must trust his 'bosses'. The Filipinos will respond to his call for
support so that Congress will respond to the needed passage of the Basic
Law for the Bangsamoro and other pieces of legislations like the FOI,
which he can leave as legacy in creating a genuine democracy in
accordance with the Philippine Constitution.
PNOY
committed to us that he will ensure that there will be Reform in the
Justice System during his term. As long time advocates, we continue to
hope that substantial changes will truly happen. Budget is an important
component for the reforms needed. By way of example, the Transformative
Justice Institute (TJI), is popularizing the call for additional budget
to be allocated for the National Bureau of Investigation (NBI).
We
have noted that the NBI, under the Department of Justice (DOJ), is
doing a lot of good in the area of investigating bigtime syndicates
including those where police officials and other powerful people like
politicians and other well connected personalities are involved. While
there are several bad elements within that institution, we know of so
many others who are dedicated to do their duties to God and country.
They need the right budgetary support from the government so that they
can perform their duties and responsibilities well. They are in need of
good vehicles and other equipments in pursuing the powerful and well
connected criminal elements in our society. Among the law enforcers,
the NBI, is the more trusted arm of the government.
Without
the pork barrel, Judicial Budget can easily increase. Our long running
call as advocates in transforming the justice system fully supported by
the ACCCTTS Center, the Transformative Justice Institute, the WOMYNET,
the National Movement for Transformative Justice, the Lawyers/Laypersons
for Ethical Administration of Philippine Justice ( LEAP Justice) and
the National Advocacy Commission of the Catholic Educational of the
Philippines (NAC CEAP); is for the increase of Judicial Budget to no
less than 2.5% of the national budget. As it is today, the Judicial
budget is only within the periphery of about 1% of the national budget,
which is partly the reason why we have such miserable situation in the
judiciary. This situation also partly impacts on the independence of the
judiciary.
The judiciary must be able to operate
independently. It must be freed fom political patronage. It must be able
to enjoy fiscal autonomy. With a budget of about 2.5% of the national
budget, it can transform and develop towards the right direction as it
observes the tenets of Accountability, Responsibility and Transparency
in its use of its judicial budget.
Among the many things
needed to pursue Judicial Reform, is the implementation of RA 8369,
for the creation of regular Family Courts in the Philippines. This is a
sixteen year old law which has not been implemented due to failure of
Congress to appropriate the necessary budget. Many people suffer because
the present Family Courts are not the ones designed to function as
such. There are so many complaints about the present Family courts in
the country that are instrumental in the miscarriages of justice in
marital and family related cases and cases of women and children. The
truth is that many of the judges, whose courts used to be regular
Regional Trial Courts but were arbitrarily designated by the Supreme
Court as Family Courts, are not happy with such designations. I will
expound further about the Family Courts issue in my next articles.
Twenty
seven years after the People Power revolution, here we are, the
Filipinos, more confident and straightforward in what we like. We like
and assert that government must fully abide and comply with our
Constitution. It must uphold and respect the Rule of Law at all times.
Pork barrel allocation is not constitutional. It must be totally abolished.
We
must now endeavor to make the three branches of our government function
in accordance with their constitutional mandates. Congress must
legislate. It is tasked to make laws. The Executive branch of the
government must implement and enforce the laws. It must be responsible
in the implementation of all the programs and projects of the
government. The Judiciary is tasked to interpret the laws.
The
Filipinos rising against corruption and the abusive use of the
people's money will propel and expedite the much needed reforms in
government including the reform of the justice system.
I
remain confident that PNOY and majority of our political leaders will
listen, and listen well to their bosses. They should seize the moment.
STOP NOW all forms of abuses, corruption and anomalies in government
and be part of the generation that will pave the way for the
realization of our aspirations expressed in the Preamble of the
Philippine Constitution.
HAIL to the indomitable Filipino spirit !!!!
Jesus
said " For what will it profit a person if s/he gains the whole world
and loses her/his soul? or what will a person give in exchange for
her/his soul? ( Matthew 16:26);
"No one can serve
two masters; for either s/he will love the one and hate the other, or
s/he will be devoted to one and despise the other. You cannot serve God
and wealth." (Matthew 6:24).
Dory Cruz Avisado
8-28-13
Friday, July 26, 2013
TRUTH TELLING
The main element for any transformation to take place is truth telling. Acknowledgment of what is wrong and what is rotten is the very first step that can lead to transformation. This is so true whether the transformation desired involves a person's character, an entity or any institution, a community, a country, a church or any group, sector, or organization.
In development parlance SWOT analysis is a must. This is a very popular process undertaken in connection with development planning. We must be aware of the strengths, weaknesses, opportunities and threats or challenges that we face in achieving our desired change or transformation. We are of course aware that the most glaring weakness in all the pillars of our criminal justice system is the intertwining culture of patriarchy, corruption and impunity. Sadly, most of the pillars continue to deny or refuse to accept and acknowledge their weaknesses thus they are clearly not prepared to change and cause the needed transformation in their institutions.
Thus, any form of expose' of irregularities and anomalies happening in any or all of the pillars of our criminal justice system, especially coming from the highest ranking government official give us hope that change in the justice system can still take place for the next three years under the Aquino administration.
Truth telling is the most powerful and convincing act that can start the process of winning back people's trust in the justice system. As it is now many people including lawyers have already become cynical and skeptical as they express that our justice system is already hopeless. I always disagree with this observation despite decades of being involved in the advocacy for transformation of our justice system. Many are wondering why my spirit is not dampened thru the years as I always appear upbeat and hopeful that there can be real change. Well, I am a firm believer that what is good and just will always triumph in the end. But a critical mass of people should stand up and fight for what is right.
Right is might. Even if a huge number of Filipino leaders or government officials are still abusive of their power and authority, they can be toppled down when a determined sector of society will unite to fight for what is right. It is a popular saying that for evil to triumph, good persons should do nothing. I am seeing a critical mass of people starting to demand for Ethical Administration of Justice in our country. The LEAP Justice or Laypersons/Lawyers' for Ethical Administration of Philippine Justice is growing in number. More and more people have become bold and courageous in telling their stories and their bad and sad experiences in the various pillars of justice.
Since the biggest problem we face involve changing mindsets and attitudes in the administration of justice it will never be easy. The resistance for change is very strong given the padrino and bata-bata system that is now deeply embedded in the intertwining culture in practically all the pillars of justice that include the law enforcement and even the judiciary. Many workers in the pillars of justice are either afraid to speak out or are themselves involved among those who corrupt the system. Despite these, I can vividly see some positive signs and few developments leading to the needed transformation.
While there are varied reactions and comments that one can hear and see from different sectors of our society about the recent events between and among the law enforcement agencies that form part of the pillars of the criminal justice system I look at this with positive light. These agencies like the Philippine National Police (PNP), and the National Bureau of Investigation (NBI) all belong to the Executive branch of our government. The PNP belongs to the Department of Interior and Local Government (DILG) while the NBI is under the Department of Justice (DOJ).I will not discuss the details of these recent events because there are too many on-going incidents involving these pillars of justice. What is vital for this article is to stress the far reaching and positive impact of truth telling and transparency being demonstrated by the Secretary of the DOJ..
The Secretary of Justice, Leila De Lima, who was once the Chairperson of the Commission on Human Rights (CHR) does not mince words. She is very vocal and straightforward in expressing her disgust with what was done by some police personnel who were supposed to deliver two convicted felons to the National Bilibid Prisons. The two felons ended up being killed .
Secretary De Lima directed the NBI to conduct a thorough investigation. The PNP itself, under the directive of DILG Secretary Mar Roxas also conducted an investigation. Secretary Roxas in a press conference disclosed the result of the PNP's investigation that confirmed the involvement of some police personnel in the murder of the two felons.The government's action on this incident was expeditious. I find it impressive. I hope that this kind of speedy action on the part of government will henceforth be the pattern and practice of the law enforcement arm of the government.
Hopefully, the days of "cover up and patronage" will soon be over. Instead the rule of law will prevail where transparency and truth telling will be practiced in the administration of justice.
Last July 11, 2013, Chairperson Remmy Rikken of the Philippine Commission on Women (PCW) asked me to join her in the launch at Camp Crame Quezon City, of " EPJUST II", the government's program on Justice Reform supported by the European Union. The program is entitled "Justice for All: Enhancing Accessibility, Fighting Impunity".
There are 3 components of said program. Component 1 is on "Enhancing Accessibility"; Component 2 is on Fighting Impunity; and Component 3 is on Enhancing Transparency and Accountability. Both the DOJ and DILG Secretaries spoke during the launch along with Atty. Pamela S. Fahey, Team Leader, Technical Assistance Team, and Ambassador Guy Ledoux of the European Union.
Let us hope and pray that the huge amount of money of 570 million pesos as contribution from EU with a 57 million in-kind contribution of the Philippine government from 2013 to 2016 will indeed lead to the much needed transformation that we have long desired.
In the meantime, I cannot help but salute Secretary Leila De Lima of the DOJ for leading the way for government, in the much needed truth telling and transparency in the administration of justice and for her deep commitment in upholding the rule of law.
Jesus said, " So have no fear of them; for nothing is covered up that will not be uncovered, and nothing secret that will not become known. What I say to you in the dark, tell in the light; and what you hear whispered, proclaim from the housetops. Do not fear those who kill the body but cannot kill the soul; rather fear him who can destroy both soul and body in hell" (Matthew 10: 26-28).
Dory Cruz Avisado
7-26-13
In development parlance SWOT analysis is a must. This is a very popular process undertaken in connection with development planning. We must be aware of the strengths, weaknesses, opportunities and threats or challenges that we face in achieving our desired change or transformation. We are of course aware that the most glaring weakness in all the pillars of our criminal justice system is the intertwining culture of patriarchy, corruption and impunity. Sadly, most of the pillars continue to deny or refuse to accept and acknowledge their weaknesses thus they are clearly not prepared to change and cause the needed transformation in their institutions.
Thus, any form of expose' of irregularities and anomalies happening in any or all of the pillars of our criminal justice system, especially coming from the highest ranking government official give us hope that change in the justice system can still take place for the next three years under the Aquino administration.
Truth telling is the most powerful and convincing act that can start the process of winning back people's trust in the justice system. As it is now many people including lawyers have already become cynical and skeptical as they express that our justice system is already hopeless. I always disagree with this observation despite decades of being involved in the advocacy for transformation of our justice system. Many are wondering why my spirit is not dampened thru the years as I always appear upbeat and hopeful that there can be real change. Well, I am a firm believer that what is good and just will always triumph in the end. But a critical mass of people should stand up and fight for what is right.
Right is might. Even if a huge number of Filipino leaders or government officials are still abusive of their power and authority, they can be toppled down when a determined sector of society will unite to fight for what is right. It is a popular saying that for evil to triumph, good persons should do nothing. I am seeing a critical mass of people starting to demand for Ethical Administration of Justice in our country. The LEAP Justice or Laypersons/Lawyers' for Ethical Administration of Philippine Justice is growing in number. More and more people have become bold and courageous in telling their stories and their bad and sad experiences in the various pillars of justice.
Since the biggest problem we face involve changing mindsets and attitudes in the administration of justice it will never be easy. The resistance for change is very strong given the padrino and bata-bata system that is now deeply embedded in the intertwining culture in practically all the pillars of justice that include the law enforcement and even the judiciary. Many workers in the pillars of justice are either afraid to speak out or are themselves involved among those who corrupt the system. Despite these, I can vividly see some positive signs and few developments leading to the needed transformation.
While there are varied reactions and comments that one can hear and see from different sectors of our society about the recent events between and among the law enforcement agencies that form part of the pillars of the criminal justice system I look at this with positive light. These agencies like the Philippine National Police (PNP), and the National Bureau of Investigation (NBI) all belong to the Executive branch of our government. The PNP belongs to the Department of Interior and Local Government (DILG) while the NBI is under the Department of Justice (DOJ).I will not discuss the details of these recent events because there are too many on-going incidents involving these pillars of justice. What is vital for this article is to stress the far reaching and positive impact of truth telling and transparency being demonstrated by the Secretary of the DOJ..
The Secretary of Justice, Leila De Lima, who was once the Chairperson of the Commission on Human Rights (CHR) does not mince words. She is very vocal and straightforward in expressing her disgust with what was done by some police personnel who were supposed to deliver two convicted felons to the National Bilibid Prisons. The two felons ended up being killed .
Secretary De Lima directed the NBI to conduct a thorough investigation. The PNP itself, under the directive of DILG Secretary Mar Roxas also conducted an investigation. Secretary Roxas in a press conference disclosed the result of the PNP's investigation that confirmed the involvement of some police personnel in the murder of the two felons.The government's action on this incident was expeditious. I find it impressive. I hope that this kind of speedy action on the part of government will henceforth be the pattern and practice of the law enforcement arm of the government.
Hopefully, the days of "cover up and patronage" will soon be over. Instead the rule of law will prevail where transparency and truth telling will be practiced in the administration of justice.
Last July 11, 2013, Chairperson Remmy Rikken of the Philippine Commission on Women (PCW) asked me to join her in the launch at Camp Crame Quezon City, of " EPJUST II", the government's program on Justice Reform supported by the European Union. The program is entitled "Justice for All: Enhancing Accessibility, Fighting Impunity".
There are 3 components of said program. Component 1 is on "Enhancing Accessibility"; Component 2 is on Fighting Impunity; and Component 3 is on Enhancing Transparency and Accountability. Both the DOJ and DILG Secretaries spoke during the launch along with Atty. Pamela S. Fahey, Team Leader, Technical Assistance Team, and Ambassador Guy Ledoux of the European Union.
Let us hope and pray that the huge amount of money of 570 million pesos as contribution from EU with a 57 million in-kind contribution of the Philippine government from 2013 to 2016 will indeed lead to the much needed transformation that we have long desired.
In the meantime, I cannot help but salute Secretary Leila De Lima of the DOJ for leading the way for government, in the much needed truth telling and transparency in the administration of justice and for her deep commitment in upholding the rule of law.
Jesus said, " So have no fear of them; for nothing is covered up that will not be uncovered, and nothing secret that will not become known. What I say to you in the dark, tell in the light; and what you hear whispered, proclaim from the housetops. Do not fear those who kill the body but cannot kill the soul; rather fear him who can destroy both soul and body in hell" (Matthew 10: 26-28).
Dory Cruz Avisado
7-26-13
Friday, June 28, 2013
PRECIOUS MOMENTS
As a long time advocate for the transformation of the Philippine Justice System, I consider it a great blessing to spend more than two hours of precious moments with Atty. Precioso "Precy" Perlas, last June 19, 2013, which was Jose Rizal's 152nd birthday.
Atty. Precy happens to be a relative of our national hero, on his mother side, the Mercado.
As an octogenarian who has been practicing law for 52 long years since 1961, Atty. Precy serves as an important key informant about the state of the judiciary decades ago.
I met Atty. Precy for the first time last November 2012, while attending the Mandatory Continuing Legal Education, MCLE, at Megatrade, SM mega mall. We were classmates in the Legal Ethics class conducted by Justice Hilarion Aquino.
Even while I was serving as RTC presiding judge from 1999 to 2004, I continuously attend MCLE to remain updated about the latest developments in the field of law. When I tendered my irrevocable resignation in February 2004 to go into full time advocacy for the transformation of the justice system I still made it a point to attend MCLE although I have a self imposed policy no longer to appear in courts due to my ardent advocacy, knowing that I am displeasing many justices and judges especially those who are resistant to change.
I shared to Atty. Precy that despite my being a multi-awarded Judge, where I was given awards by all the three branches of the national government, for speedy disposition of cases; pro-active measures in the administration of justice; transparency and advocacy of judicial reform; I heeded the guidance of the Holy Spirit for me to irrevocably resign due to the injustices I saw from within. I have to get out to be able to speak out and advocate freely.
Obviously the Supreme Court administrator at that time did not know where to send a judge's resignation letter. He sent mine to Malacanang palace which was returned. The Supreme court has to pass a resolution that it has to be the Supreme itself that should receive my letter of resignation.
As we were talking about the present state of the justice system, Atty. Precy recalled the glory years of the Judiciary. He talked about the likes of Justices Manuel Moran, Jose Concepcion, Cesar Bengzon, among others. But his glowing portrayal of how were the Justices of those golden years became more captivating when he talked about Justice JBL Reyes. He proudly proclaims that he is a JBL Reyes " Boy". He related the many instances when Justice JBL Reyes would assert for the rule of law to prevail all the time. Even the former President Ferdinand Marcos was afraid of Justice JBL Reyes, thus, he was only able to declare Martial Law after Justice JBL Reyes retired from the Supreme court.
Justice JBL Reyes was the very first National President of the Integrated Bar of the Philippines, the IBP. In our identification cards as IBP members we see the famous quotation by Justice JBL Reyes which states:
No master, But Law;
No Guide, But Conscience;
No Aim, But Justice.
In discussing what we can do together to transform the Philippine justice system, Atty. Precy shared the observation by many of his friends about how the lawyers in our society have become the most influential group of people in the area of governance. All judges and justices are lawyers. Lawyers dominate the Judiciary. Many politicians in Congress are also lawyers. Those who are not lawyers always rely and depend on what lawyers say. The same is true with the Executive branch of the government.
Lawyers are the principal reasons why our justice system is in such a bad state at this time. Atty. Precy is very familiar with the stories of how the justice system has degenerated which started during the Martial Law years.
The meeting last June 19 transpired after Atty. Precy, read my post entitled DO DEVS last May and he asked if we can meet and talk. I readily agreed to meet with him. During that meeting we agreed that as lawyers we can all work together to popularize Ethical Administration of Justice in the Philippines which is the main advocacy of LEAP JUSTICE, Laypersons/Lawyers for Ethical Administration of Philippine Justice.
Atty. Precy and I agreed that a lot of beautiful things are happening nowadays. That gives a lot of hope that Development thru Enrichment of Values and Spiriuality, DEVS, can take place that can lead to the transformation of our justice system.
We agreed that since most judges and justices and those who are holding positions of power in government belong to the Roman Catholic church; the humility demonstrated by Pope Francis can trigger mass reflection and changes among those who can become instruments of change.
We also recalled this beautiful prayer of St. Francis of Asisi:
Lord, make me an instrument of your peace.
Where there is hatred, let me sow love;
Where there is injury, pardon;
Where there is doubt, faith;
Where there is despair, hope;
Where there is darkness, light;
and where there is sadness, joy.
O Divine Master, grant that I may not so much seek
to be consoled as to console;
to be understood as to understand;
to be loved as to love.
For it is in giving that we receive;
it is in pardoning that we are pardoned;
and it is in dying that we are born to eternal life. Amen.
As the number of laypersons volunteering for LEAP JUSTICE is fast growing, Atty. Precy and I look forward to more lawyers joining us as Lawyers for Ethical Administration of Philippine Justice.
" HOW BLESSED ARE THOSE WHO KEEP JUSTICE, WHO PRACTICE RIGHTEOUSNESS AT ALL TIMES" , Psalms 106:3.
Dory Cruz Avisado
6-28-13
Atty. Precy happens to be a relative of our national hero, on his mother side, the Mercado.
As an octogenarian who has been practicing law for 52 long years since 1961, Atty. Precy serves as an important key informant about the state of the judiciary decades ago.
I met Atty. Precy for the first time last November 2012, while attending the Mandatory Continuing Legal Education, MCLE, at Megatrade, SM mega mall. We were classmates in the Legal Ethics class conducted by Justice Hilarion Aquino.
Even while I was serving as RTC presiding judge from 1999 to 2004, I continuously attend MCLE to remain updated about the latest developments in the field of law. When I tendered my irrevocable resignation in February 2004 to go into full time advocacy for the transformation of the justice system I still made it a point to attend MCLE although I have a self imposed policy no longer to appear in courts due to my ardent advocacy, knowing that I am displeasing many justices and judges especially those who are resistant to change.
I shared to Atty. Precy that despite my being a multi-awarded Judge, where I was given awards by all the three branches of the national government, for speedy disposition of cases; pro-active measures in the administration of justice; transparency and advocacy of judicial reform; I heeded the guidance of the Holy Spirit for me to irrevocably resign due to the injustices I saw from within. I have to get out to be able to speak out and advocate freely.
Obviously the Supreme Court administrator at that time did not know where to send a judge's resignation letter. He sent mine to Malacanang palace which was returned. The Supreme court has to pass a resolution that it has to be the Supreme itself that should receive my letter of resignation.
As we were talking about the present state of the justice system, Atty. Precy recalled the glory years of the Judiciary. He talked about the likes of Justices Manuel Moran, Jose Concepcion, Cesar Bengzon, among others. But his glowing portrayal of how were the Justices of those golden years became more captivating when he talked about Justice JBL Reyes. He proudly proclaims that he is a JBL Reyes " Boy". He related the many instances when Justice JBL Reyes would assert for the rule of law to prevail all the time. Even the former President Ferdinand Marcos was afraid of Justice JBL Reyes, thus, he was only able to declare Martial Law after Justice JBL Reyes retired from the Supreme court.
Justice JBL Reyes was the very first National President of the Integrated Bar of the Philippines, the IBP. In our identification cards as IBP members we see the famous quotation by Justice JBL Reyes which states:
No master, But Law;
No Guide, But Conscience;
No Aim, But Justice.
In discussing what we can do together to transform the Philippine justice system, Atty. Precy shared the observation by many of his friends about how the lawyers in our society have become the most influential group of people in the area of governance. All judges and justices are lawyers. Lawyers dominate the Judiciary. Many politicians in Congress are also lawyers. Those who are not lawyers always rely and depend on what lawyers say. The same is true with the Executive branch of the government.
Lawyers are the principal reasons why our justice system is in such a bad state at this time. Atty. Precy is very familiar with the stories of how the justice system has degenerated which started during the Martial Law years.
The meeting last June 19 transpired after Atty. Precy, read my post entitled DO DEVS last May and he asked if we can meet and talk. I readily agreed to meet with him. During that meeting we agreed that as lawyers we can all work together to popularize Ethical Administration of Justice in the Philippines which is the main advocacy of LEAP JUSTICE, Laypersons/Lawyers for Ethical Administration of Philippine Justice.
Atty. Precy and I agreed that a lot of beautiful things are happening nowadays. That gives a lot of hope that Development thru Enrichment of Values and Spiriuality, DEVS, can take place that can lead to the transformation of our justice system.
We agreed that since most judges and justices and those who are holding positions of power in government belong to the Roman Catholic church; the humility demonstrated by Pope Francis can trigger mass reflection and changes among those who can become instruments of change.
We also recalled this beautiful prayer of St. Francis of Asisi:
Lord, make me an instrument of your peace.
Where there is hatred, let me sow love;
Where there is injury, pardon;
Where there is doubt, faith;
Where there is despair, hope;
Where there is darkness, light;
and where there is sadness, joy.
O Divine Master, grant that I may not so much seek
to be consoled as to console;
to be understood as to understand;
to be loved as to love.
For it is in giving that we receive;
it is in pardoning that we are pardoned;
and it is in dying that we are born to eternal life. Amen.
As the number of laypersons volunteering for LEAP JUSTICE is fast growing, Atty. Precy and I look forward to more lawyers joining us as Lawyers for Ethical Administration of Philippine Justice.
" HOW BLESSED ARE THOSE WHO KEEP JUSTICE, WHO PRACTICE RIGHTEOUSNESS AT ALL TIMES" , Psalms 106:3.
Dory Cruz Avisado
6-28-13
Tuesday, May 28, 2013
DO DEVS
DEVS, is a program created by Advocates for Women and Children's Rights, in 1993. That was twenty years ago. DEVS means, "Development thru Enrichment of Values and Spirituality".
That early, advocates for Women's Human Rights and Gender Equality have become aware
that changing mindsets of people holding positions of power tasked in the administration of
justice to ensure that rights of women and children are upheld and respected, is not a walk
in the park. This is so because of the pervasive culture of patriarchy in the Philippines.
The observation that changing mindsets is not easy is confirmed by the worsening state in the administration of justice in our country.
There is so much miscarriage of justice happening all over. Despite the clear pronouncement of President Benigno Simeon C. Aquino 111, PNOY, that his administration will push for Judicial Reform, the Transformative Justice Institute (TJI) continuously receive reports of miscarriage of justice involving women and children with judges or justices blaming the victims for what happened to them in RICAVAWC cases. Those are cases of rape, incest, child abuses and violence against women and their children.
A court order dismissing a rape case filed by a young woman against a powerful politician in Mindanao was recently forwarded to TJI for analyses. In that case, the private prosecutor was requested by the government prosecutor to appear since he sensed that the case will be fixed due to the manner the judge was treating the private complainant.
The private complainant was actually assisted by some women from the media who learned
that the complainant was so afraid to file a case since the doer of violence is rich and powerful.
True to form, the judge dismissed the case.
It is the same judge who also dismissed the case against a scion of another rich and powerful political family despite the clear proof of guilt beyond reasonable doubt presented
by the prosecution against the accused, who shot dead a young man in the presence
of witnesses who testified in court.
The victim who was killed belongs to a middle class family with well known relatives
who are lawyers in the locality. Yet they felt helpless with what happened to their case.
The judge appears untouchable. He flaunts his connections. Out of sheer frustration the
government prosecutor who handled the case involving the killing of a young man, tendered
his resignation. That resignation was in the headline news of the local papers. Talks abound
about the million reasons for the dismissal of the case. The judge is well connected due to
his blood and fraternity ties.
Situations like these, continue on and on and on. There is no immediate recourse or measure
for peace loving citizens to take since they feel and know that elevating a case against
the judge is but an exercise in futility considering his connections all the way to the
Supreme Court.
In the end, victims and their lawyers just lift up everything to God if only to find some
consolation and appease their troubled spirits as they believe that ultimately God will
take charge and deal with the unjust and corrupt judge.
In the meantime, the culture of impunity goes on and on.
One suggestion or recommendation that is gaining popularity nowadays is the need for
a mechanism or machinery for the local people to have a say on who should be appointed
as judges in their locality. Of course, this will require consitutional amendment. But it
is a suggestion really worth looking into and should be considered in the event an
amendment of the constitution takes place. Indeed, there are several provisions in the
Constitution about the Judiciary that needs review and improvement.
In a study we conducted, we have established the existence of the Intertwining Culture
of Patriarchy, Corruption and Impunity in the Philippine Justice System. Despite
the continuing advocacy for the transformation of the justice system by many of us
for the past thirty years nothing much changed.
As a matter of fact the judicial system became worse during the PGMA administration.
So when PNOY made pitch for judicial reform we were thrilled and thought that, finally things
will be better. We continue to hope and pray for judicial reform to take place during the last
three years of PNOY in office.
Every now and then we hear some lawyers declare their disgust, rage and frustration
against certain judges and justices. Not a few lawyers have decided to cease in practicing
their profession. Many now refuse to appear before the courts of law. The more lamentable
part of this is, some of these lawyers are still very young and truly promising.
The worst impact in the ill administered cases is of course on the victims and their families.
Thus, an alternative approach is being popularized through NGO's via Justice and Healing,
but such cannot be far reaching because of many limitations. Government is duty bound to
deliver justice and healing to victims of violence.
In the dialogue we had with the Committee on Gender Responsiveness in the Judiciary (CGRJ) of the Supreme Court, last year, so many issues were raised. Except for few disagreements, everyone recognized the need for justice and healing to take place for victims of violence. One can readily see that there are many well meaning people both inside and outside of the judiciary who desire for judicial reform to take place.
Apparently, there is no Comprehensive program on reform of the justice system that is being implemented by our government. It seems government itself does not know how
to go about the business of transforming the justice system given the reality that there were
already many attempts on this in the past. Clearly, those programs miserably failed. So here
we are, with a worsening condition in administration of justice in our beloved country.
Many advocates now openly declare that no amount of trainings like GSTs, Gender Sensitivity Trainings would be enough to transform or reform institutions, such as government agencies and instrumentalities tasked in the administration of justice involving cases of women and children victims of violence.
The Transformative Justice Institute, is popularizing DEVS, for genuine transformation
or reform to take place in the administration of justice. We believe that it is only when
workers in the various pillars of justice including the community, will endeavour to
embrace the right values such as being: upright; respectful of the rule of law, human rights and gender equality, and become practitioners of ethical administration of justice; will
transformation in the justice system take place.
Most important of all, is the aspect of spirituality. It is important for everyone tasked in the administration of justice to reflect about their relationship with the God, whose aid we
implore in our Constitution, the God to whom we address prayers every time any level of
the court would go on session, and the God to whom we swear to and promise to be good
public servants when we take our oaths of office.
Come on, let us do DEVS.
"Thus says the Lord: Do justice and righteousness, and deliver from the hand of
the oppressor him who has been robbed. And do no wrong or violence to the
resident alien, the fatherless, and the widow, nor shed innocent blood in this place."
( Jeremiah 22:3).
Dory Cruz Avisado
May 28, 2013
That early, advocates for Women's Human Rights and Gender Equality have become aware
that changing mindsets of people holding positions of power tasked in the administration of
justice to ensure that rights of women and children are upheld and respected, is not a walk
in the park. This is so because of the pervasive culture of patriarchy in the Philippines.
The observation that changing mindsets is not easy is confirmed by the worsening state in the administration of justice in our country.
There is so much miscarriage of justice happening all over. Despite the clear pronouncement of President Benigno Simeon C. Aquino 111, PNOY, that his administration will push for Judicial Reform, the Transformative Justice Institute (TJI) continuously receive reports of miscarriage of justice involving women and children with judges or justices blaming the victims for what happened to them in RICAVAWC cases. Those are cases of rape, incest, child abuses and violence against women and their children.
A court order dismissing a rape case filed by a young woman against a powerful politician in Mindanao was recently forwarded to TJI for analyses. In that case, the private prosecutor was requested by the government prosecutor to appear since he sensed that the case will be fixed due to the manner the judge was treating the private complainant.
The private complainant was actually assisted by some women from the media who learned
that the complainant was so afraid to file a case since the doer of violence is rich and powerful.
True to form, the judge dismissed the case.
It is the same judge who also dismissed the case against a scion of another rich and powerful political family despite the clear proof of guilt beyond reasonable doubt presented
by the prosecution against the accused, who shot dead a young man in the presence
of witnesses who testified in court.
The victim who was killed belongs to a middle class family with well known relatives
who are lawyers in the locality. Yet they felt helpless with what happened to their case.
The judge appears untouchable. He flaunts his connections. Out of sheer frustration the
government prosecutor who handled the case involving the killing of a young man, tendered
his resignation. That resignation was in the headline news of the local papers. Talks abound
about the million reasons for the dismissal of the case. The judge is well connected due to
his blood and fraternity ties.
Situations like these, continue on and on and on. There is no immediate recourse or measure
for peace loving citizens to take since they feel and know that elevating a case against
the judge is but an exercise in futility considering his connections all the way to the
Supreme Court.
In the end, victims and their lawyers just lift up everything to God if only to find some
consolation and appease their troubled spirits as they believe that ultimately God will
take charge and deal with the unjust and corrupt judge.
In the meantime, the culture of impunity goes on and on.
One suggestion or recommendation that is gaining popularity nowadays is the need for
a mechanism or machinery for the local people to have a say on who should be appointed
as judges in their locality. Of course, this will require consitutional amendment. But it
is a suggestion really worth looking into and should be considered in the event an
amendment of the constitution takes place. Indeed, there are several provisions in the
Constitution about the Judiciary that needs review and improvement.
In a study we conducted, we have established the existence of the Intertwining Culture
of Patriarchy, Corruption and Impunity in the Philippine Justice System. Despite
the continuing advocacy for the transformation of the justice system by many of us
for the past thirty years nothing much changed.
As a matter of fact the judicial system became worse during the PGMA administration.
So when PNOY made pitch for judicial reform we were thrilled and thought that, finally things
will be better. We continue to hope and pray for judicial reform to take place during the last
three years of PNOY in office.
Every now and then we hear some lawyers declare their disgust, rage and frustration
against certain judges and justices. Not a few lawyers have decided to cease in practicing
their profession. Many now refuse to appear before the courts of law. The more lamentable
part of this is, some of these lawyers are still very young and truly promising.
The worst impact in the ill administered cases is of course on the victims and their families.
Thus, an alternative approach is being popularized through NGO's via Justice and Healing,
but such cannot be far reaching because of many limitations. Government is duty bound to
deliver justice and healing to victims of violence.
In the dialogue we had with the Committee on Gender Responsiveness in the Judiciary (CGRJ) of the Supreme Court, last year, so many issues were raised. Except for few disagreements, everyone recognized the need for justice and healing to take place for victims of violence. One can readily see that there are many well meaning people both inside and outside of the judiciary who desire for judicial reform to take place.
Apparently, there is no Comprehensive program on reform of the justice system that is being implemented by our government. It seems government itself does not know how
to go about the business of transforming the justice system given the reality that there were
already many attempts on this in the past. Clearly, those programs miserably failed. So here
we are, with a worsening condition in administration of justice in our beloved country.
Many advocates now openly declare that no amount of trainings like GSTs, Gender Sensitivity Trainings would be enough to transform or reform institutions, such as government agencies and instrumentalities tasked in the administration of justice involving cases of women and children victims of violence.
The Transformative Justice Institute, is popularizing DEVS, for genuine transformation
or reform to take place in the administration of justice. We believe that it is only when
workers in the various pillars of justice including the community, will endeavour to
embrace the right values such as being: upright; respectful of the rule of law, human rights and gender equality, and become practitioners of ethical administration of justice; will
transformation in the justice system take place.
Most important of all, is the aspect of spirituality. It is important for everyone tasked in the administration of justice to reflect about their relationship with the God, whose aid we
implore in our Constitution, the God to whom we address prayers every time any level of
the court would go on session, and the God to whom we swear to and promise to be good
public servants when we take our oaths of office.
Come on, let us do DEVS.
"Thus says the Lord: Do justice and righteousness, and deliver from the hand of
the oppressor him who has been robbed. And do no wrong or violence to the
resident alien, the fatherless, and the widow, nor shed innocent blood in this place."
( Jeremiah 22:3).
Dory Cruz Avisado
May 28, 2013
Sunday, April 28, 2013
CONTINUING STATE VIOLENCE
It is horrendous.
This is my immediate reaction after reading the Resolution issued by the City
Prosecution Office from a highly urbanized city in Mindanao. A copy of that
resolution was emailed to me by the victim herself, who is also a lawyer. She
expressed the kind of pain she now feels when the Prosecutor dismissed several
charges of violation of RA 9262, Anti-Violence Against Women and their Children
Act, which she filed against a man with whom she had intimate relations few
years ago.
Many advocates who
have been working with us for decades now, cannot believe that what happened
decades ago still do happen or recur these days with the Prosecution
Office considering that the Department of Justice (DOJ) has been in the
forefront in promoting Gender Sensitivity and Responsiveness in the justice
system.
Among the 8 pillars
of the Criminal Justice System that the Transformative Justice Institute
continuously monitor, the Judiciary or the court is by far perceived to
be the most resistant to transformation. The perception of the prevalance
of the intertwining culture of patriarchy, corruption and impunity in the
pillars of justice particularly in the judiciary can be clearly perceived
by many Filipinos nowadays.
Many citizens are
already openly talking about the much needed judicial reform. Many more lawyers
and laypersons have become bold in their complaints. We can see this in the
very encouraging growth of the LEAP JUSTICE, or Lawyers/Laypersons for Ethical
Administration of the Philippine Justice.
Despite the change in leadership of the Judiciary due to the impeachment of former Supreme Court Chief Justice Renato Corona and the appointment of Chief Justice Maria Lourdes Sereno, the much needed judicial reform is unable to take place obviously because of the great divide within the Supreme Court. Many Filipinos continue to suffer because of the present state of the Judiciary.
The resistance for
change to take place in the courts is understandable because the judiciary as a
third branch of the Philippine government can always invoke independence from
the other two branches of government, the Executive and Legislative
branches who are headed by politicians. While we know that
the judiciary is not headed by politicians many justices and judges kowtow to
political leaders to whom they feel beholden. Such partiality can be gleaned
from decisions they make.
President Benigno
Simeon C. Aquino 111, PNOY, while very open about his desire to transform
the justice system, can only make certain pronouncements especially when it
concerns the Judiciary because of judicial independence. It is in this regard
that groups from the civil society, church based organizations, like the
Churches of Christ, or the academe, like the Catholic Educational Association
of the Philippines (CEAP), can do a lot especially in the area of advocacy for
judicial reform. CEAP has a strong program in this regard in connection
with its program on Justice and Peace.
When the miscarriage
of justice is caused not by the judiciary but by any of the agencies that
belong to the Executive branch of the government, after three years of
making Justice Reform as one of its main programs of government, it is
shocking.
But here, in April
2013, I am seeing a resolution from a city prosecution office that still does a
lot of victim blaming. Obviously, there are people on the ground even within
the executive branch of the government who resist change. I know for a
fact that the Department of Justice is already using its Gender and Development
(GAD) budget in training its prosecutors in the gender sensitive manner of
handling cases on violence against women and their children (VAWC).
The complainant who
is a lawyer, cannot believe that the Investigating Prosecutor, another woman,
will end up with that resolution where the prosecutor concluded
that the respondent is more credible than the complainant. She believed the
respondent who said that the taking of the nude photos of the complainant while
she was sleeping, was with her consent. This is truly horrible.
The resolution is
not just and not fair. It is erroneous.
The city prosecution
office usurped the duty and function of the court in weighing evidence. It is
the court's duty to determine who is more credible between the complainant and
the respondent. The prosecution should only determine probable cause. It should
have filed an Information in court for Violation of RA 9262, where there is an
extensive trial and hearing. In court there can be cross examinations where the
credibility of the contending parties can be closely determined by the judge.
The Motion for
Reconsideration of the complainant and her lawyer clearly points out the errors
that will give the city prosecution office a chance to correct itself. I hope
they do; so as not to further embarrass this government in the area of justice
reform which is almost not taking place at all.
This case is now
being monitored by several women's group in the locality. The respondent is a
high ranking regional official who belongs to a powerful political family. Many
women are concerned that this case might end up to be like the Karen Vertido
case; where the complainant was vindicated only thru the UNCEDAW. The accused
in the case of Karen is also rich and well connected. The judge in the Karen
Vertido case is also a woman. The Philippine government faced great
embarrassment in the manner that case was decided as pointed out in the
Communication from the UNCEDAW.
It is a good
challenge for the Philippine Commission on Women (PCW) to take note of the
present case early on so it can be instrumental in putting a stop to the
continuing state violence against women by making sure that the duty bearers
are able to ethically administer justice.
This is what the Lord Almighty says, "Administer true justice; show
mercy and compassion to one another." Zechariach 7:9
Dory Cruz Avisado
4-28-13
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