The Transformative Justice Institute (TJI), have listed over a hundred specific actions needed for Judicial Reform to take place in our country. The issues cut across all levels of the courts. In the recent yearend dialogue conducted by TJI with the various pillars of justice in Davao City, long time advocates as usual, start with some positive notes in its assessment and evaluation as they update one another of what is happening in the various courts. We acknowledge that the present administration has made explicit its desire for Judicial Reform to take place in our country.
It appears that the new Supreme Court Chief Justice Ma. Lourdes Sereno is bent on implementing some needed programs for Judicial Reform, like the creation of the Regional Court Administration Offices (RCAO). As an initial move, CJ Sereno issued a Memorandum that will reopen the RCAO in Cebu city. The same was however set aside by majority of the Supreme Court Associate Justices. News reports indicate that the action of CJ in issuing the Memorandum was not in accordance with what was agreed upon during their deliberation. This incident makes the advocates feel very disgusted. It leaves everyone wonder how can Judicial Reform take place under the present circumstances of the highest court of the land?
When the Blueprint of Action for Judicial Reform was launched in February 2000, the Supreme Court sitting en banc, projected so much hope that things will be better. Administration of Justice in the Philippines shall improve. As a reactor during the launch, I said that " I hope that the dark days in the area of administration of justice shall be over". I expressed hope that the highest court of the land shall lead the way, and that " the Supreme Court is like a conductor of an orchestra, once it raises its baton, everybody will follow its sway".
Thirteen years passed. No Judicial Reform has taken place. The situation on the ground is worse off this year than last year or the years past. A clear indicator of this can be seen in the jail situation all over the country.
In Davao City, the court monitors reported during the December 17, 2012 yearend dialogue at TJI, that there are now more than 1,300 drugs cases pending in 3 different branches of the Regional Trial Court designated as Special Drugs Court. There are now close to 1,600 detainees at the Bureau of Jail Management Penology (BJMP), or the Ma-a Davao city jail. That jail was designed to house only 350 detainees.
The number of drugs cases filed each month is much higher than the number of cases disposed. Unless the Judiciary pays close attention and takes concrete action to remedy this situation the number of detainees will still increase in the year 2013.
This is a very alarming situation that needs urgent action by the Judicial leaders and the rest of the government officials charged in the administration of justice.
During the mid-year dialogue conducted by the TJI in June 21012, it was reported that one drugs court judge denied the motion for hospitalization and treatment of a female accused, afflicted with stage 4 breast cancer. The public prosecutor did not object to the motion for humanitarian reasons. After all, the woman accused is already dying and there is no way she can escape, given her state of health. Due to that case, it was discovered by some monitors that since April 2012, there were already 8 deaths at the Davao City Jail annex, the male section of the jail. The TJI reported this situation to then DILG Secretary Jesse Robredo and the Commission on Human Rights (CHR). CHR 11 conducted an investigation and confirmed the 8 deaths reported, two of which were suicides.
The jail congestion is primarily caused by the slow disposition of drugs cases. What is the government's plan to remedy this situation that needs urgent and immediate action?
In the discussions of advocates for judicial reform, we have noted that the use of power of many of those in the judiciary is such that, the essence of public service is farthest from their hearts and minds. Given the security of tenure of the justices and the very stringent policy for their removal, many are unmindful of the clamor of the citizens, who are the bosses, for judicial refrom to take place. We continue to pray for God to touch the hearts and minds of the Justices so that they will be guided in their use of power and authority.
It is our continuing prayer that within the year 2013, Judges and Justices will realize that there is true joy in service. Power and authority must be used for what is good, fair and just. Please unite and allow judicial reform to take place immediately.
Please remember what the Bible says in Amos 5:24, " But let justice roll down like a river, and righteousness like an ever-flowing stream".
Dory Cruz Avisado
1-11-13
