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