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
