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
