KEY FACTORS FOR JUDICIAL REFORM (PART 9) INDEPENDENT OCAD

The year-end dialogue with the various pillars of the criminal justice  system in Davao City along with the year-end evaluation of the Transformative Justice Institute do bring us greater hope that transformation of the Philippine Justice System can take place. 

This is the stand we take because there is a lot of truth telling going on these days. Truth telling and admission of weaknesses and problems besetting the Judiciary is a key factor to the much needed transformation as we  have been stressing for a very long time. More and more people are now aware about the very sad state of our justice system.

 A representative from a local court in Davao City shared the horrible situation they presently experience where 117 cases were placed in their calendar in just one day. Detention prisoners, particularly in drugs cases, crowd the lobby of the Hall of Justice each time since they cannot be accommodated inside the courtrooms. The Davao City Jail Wardens who were with us during the year-end dialogue confirmed the report of the court personnel. Yet, of the 117 cases set on that particular day, less than 30 cases were heard even for ocular inspection alone of the drugs seized from the accused. Not more than four cases were tried for the day. Majority of the 117 cases were reset to another day. They use not less than 117 sheets of paper to type the order for the next hearing of all the 117 cases. 

This is indeed a horrible situation and a very important one which the Office of the Court Administrator (OCAD) should look into with urgency. The situation is dehumanizing for the court personnel and other court users. Besides that, there is so much wastage of paper, time and effort in typing orders, plus the risk of the detainees escaping from the custody of the jail guards. And of course there is so much delay in the disposal of cases. Jails are so congested that sleeping time should be rotated.

 The editorial of the Philippine Daily Inquirer (PDI) dated December 24, 2014, clearly reflects how a criminal case involving the kidnapping and death of 5 year old Eunice Chuang and her 27 year old nanny, Jovita Montecino, lasted for a period of fourteen long years due to many reasons pointed out by various RTC Judges. 

It touched me deeply that Father Joel Tabora, SJ, the Chair of our National Advocacy Commission of the Catholic Educational Association of the Philippines (NAC CEAP), sent me an email with his Christmas greetings and at the same time mentioned about the PDI December 24, 2014 editorial. 

The NAC CEAP regularly tackles Judicial Reform in all our meetings. With so many other groups working in partnership with the Transformative Justice Institute, and the awakening of many in our society about the huge problems we face regarding the justice system, soon and very soon, changes should take place. We hope and expect that the much needed focus especially from all the three great branches of our government will be done. 

The pronouncement and directive of President Benigno S. Aquino III to the Secretary of the Department of Budget and Management to increase the judicial budget must be carried out with a corresponding consultation from all sectors of society.  The details on where and how that additional budget will be used must be done especially with those with programs in transforming the justice system. Judicial officers need to listen to people in the know so that people’s money will not just be wasted. 

It is in this regard that we need to push and work for the creation of a stronger and independent OCAD. This necessitates amendment of our Philippine Constitution. This early, we are already studying and discussing this proposal with the various groups so that once a Constitutional Convention shall take place, hopefully after the 2016 elections, it can be one of the items that will be included in the needed Charter Change.

The OCAD, as an independent agency that would be tasked to manage administrative matters for all levels of the courts, can openly interact with the Executive and Legislative Branches of the government. It will be primarily responsible in working out for the entire judicial budget including the Supreme Court, although the Supreme Court itself should have its own Supreme Court Administrator that will look into the administrative needs of Supreme Court Justices and Court personnel.

The National OCAD will be responsible  in ensuring that all levels of the court shall be well funded and should be able to shield all judges and justices from any form of influence due to the tit for tat practices which is pervasive given the intertwining culture of corruption, patriarchy and impunity in our justice system. 

An independent OCAD, which is not tasked in adjudication or review of cases, is an important structure in the judiciary. It would be partly tasked in advocating for the right and appropriate budgetary allocation for all levels of the courts. This is the only means by which those tasked to pass judgments and make decisions like justices and judges in all the levels of the courts can remain impartial and independent.

The OCAD would be the right agency to deal with the Executive and Legislative branches of the government  in ensuring the implementation of RA 8369, which a 17 year old law that was passed to create regular Family Courts in the Philippines. The proposal of TJI to create an independent OCAD is popular among advocates in transforming the justice system and particularly for those who have been pushing for judicial reform.

Part of what the Transformative Justice Institute (TJI) considers as   wonderful news as the year ends is the official discovery of the big-time anomalous situation at the National Bilibid Prisons (NBP) which was finally officially exposed. Apparently, the NBP is even used as a shabu laboratory as shared in an interview by Karen Davila of actor Robin Padilla, who was once confined at the NBP. 

It is truly heartwarming that the woman Secretary of the Department of Justice (DOJ), Leila De Lima, made that major breakthrough. She bravely and courageously headed the team that officially discovered the anomalous situation at the NBP. She and her team are now taking the appropriate measures to strengthen the BUCOR, Bureau of Corrections. We hope and pray that the much needed transformation in this major pillar of the Criminal Justice System will soon take place. Likewise, may the official discovery of shabu at the NBP have a major impact in the eradication of drugs in our country.

The transformation of the Judiciary or the courts as a very important and vital pillar of the criminal justice system is not as easily achievable as it is with the BUCOR. The Chief Justice of the Supreme Court, Ma. Lourdes Sereno, who is likewise reform minded, needs all our help.

Major steps have to take place in order to ensure  the much needed Judicial Independence which we have been tackling in this blog for quite some time now. Those steps needed for judicial transformation to take place, would include amendment of the Philippine Constitution. It is in this light that the Transformative Justice Institute has been conducting consultations, one on one key informant interviews of people in the know, and continuous monitoring of the development in the judiciary that we make bold and concrete suggestions regarding the key factors for judicial independence.

The Office of the Court Administrator (OCAD) is a very vital organ and agency in the whole judicial system. The building consensus that I gather is that the OCAD has to be strengthened and independent in order that it can  perform effectively its duties and responsibilities to all the levels of the court. The OCAD is the proper agency that should openly face and interact with both the Executive and Legislative Branches of the government in the area of budgetary allocation for the use of the entire Judiciary from the Supreme Court all the way to the lower courts. Likewise the OCAD shall be principally responsible in all other administrative matters for all the other levels of the court other than the Supreme Court.

 The recent event where the Lower House Representatives were hoping for some Supreme Court Justices to appear before them to defend their proposed budget is a very dangerous situation where the independence of the Supreme Court and the Judiciary can be further compromised. We are all aware of the intertwining culture of corruption, patriarchy and impunity. We must all join hands in slaying that culture. We have to counter such culture with the culture of uprightness, honesty, and truth where human rights, gender equality and the Rule of Law is respected and upheld all the time. 

Let us all hope and pray that 2015 will be a better year for our country and our people. May our country’s resolve in upholding and respecting human rights, gender equality and Rule of Law be more solid and strong. In this regard may the justice system be further transformed in order for us to realize all our aspirations contained in the Preamble of our Philippine Constitution.

Happy Christmas and Joyful and Peaceful New Year to everyone.

In Matthew 6:33, Jesus said, “Seek first the kingdom of God and all His righteousness and all these things shall be added unto you.”

Dory Cruz Avisado

12-31-14

KEY FACTORS FOR JUDICIAL REFORM (PART 8): WOMEN IN POWER AND DECISION MAKING

An independent OCAD, Office of the Court Administrator, was originally slated to be the featured article for this month. We have to postpone that for next month in order to feature this important article on Women Empowerment which is also a Key Factor for Judicial Reform particularly in the area of Upholding Human Rights and Gender Equality. Gender Sensitivity and Responsiveness has been in the forefront of our advocacy in transforming the justice system.

We join the campaign to END VAW (Violence Against Women) every November 25 until December 12 of each year. Statistics show that incidents of VAW continue to rise despite the effort to put an end to such violation of human rights during the past decades. It is sad to note that many people including Law Enforcers and political leaders assert that Domestic Violence is still a private matter despite the clear provision of Republic Act 9262, the Anti Violence Against Women and Their Children Act of 2004, that VAW is a public crime. 

The Transformative Justice Institute (TJI) and ACCCTTS Center along with the IGDD, Integrated Gender and  Development Division of the Davao City government, the WOMYNET, the MOVE Davao, Men Opposed to Violence on Women, Men and Children Everywhere, the APILA, Ateneo Public Interest Legal Advocacy and ADDU, Ateneo de Davao University, launched the program on Women In Power and Decision Making last November 18 and 19, 2014 thru a two day Seminar of the same title: “Women In Power and Decision Making.”

This is part of our contribution to the Philippine government’s commitment to the Beijing Twelve Platform for Action for Women which will be on its 20^th year next year.

Also as part of our continuing informal consultations and dialogues, which the Transformative Justice Institute (TJI) is conducting every opportunity that there is, with various groups of lawyers, judges, court users, stakeholders, academicians, members of CSOs, Civil Society Organizations, including political leaders; there is a  consensus building regarding the need to amend the Philippine Constitution thru a Constitutional Convention that should be held  after the 2016 elections.

The various groups that we work with, have integrated into the respective programs of our and their organizations, the two important  areas of concerns mentioned above, by first, helping implement the Beijing Twelve Platform for Action on Women, particularly the program on Women In Power and Decision Making and second, by proposing amendments to the Constitution. We are preparing ahead, so we need to  talk big-time now, in order to prepare a well deliberated agenda that we can propose once there is a Charter Change thru a Constitutional Convention.

Beijing Platform for Action on Women  will be on its 20^th year in 2015 yet despite the Philippine government’s commitment for its implementation along with our 33 year old commitment to the UNCEDAW, United Nations Convention on the Elimination of All Forms of Discrimination Against Women, and the 66 year old Universal Declaration of Human Rights, we continue to see the Human Rights Violations of Women and Girl-Children at their homes, schools, workplaces and the communities.

Institutions tasked in administering justice to put an end to the sufferings of many women and girl-children continue to fail in its task in ensuring to end VAWC, Violence Against Women and Children. Those institutions that continue to fail in the proper administration of justice for cases on women and children include all levels of our judiciary.

On November 18 and 19, 2014, Women Leaders, including the very vocal and articulate IP Women or Lumads from the Five (5) IP, Indigenous Peoples, of Davao City converged at the newly built and beautiful Community Center of the Ateneo de Davao University. The discussion centered on Women In Power and Decision Making, which is part of the Twelve Platform for Action.

The Women all agreed to pursue the program which we believe,  will be a key factor in countering and slaying  the intertwining culture of corruption, patriarchy and impunity in our justice system.

We are calling the program, EGGGGG, Effective Good Governance for God’s Greater Glory.

We all agreed along with the Muslim women, who were nodding in approval as I proposed the concept, to use the teachings of Jesus Christ in our advocacies. The Muslims consider Jesus a prophet. The two greatest commandments of Jesus saying, “Love God with all your hearts, with all your minds, with all your strengths and with all your souls” and “Love your neighbor as yourselves” will be popularized.

We will also advocate to popularize Christ’s teachings about choosing whom to serve as we cannot serve both God and money at the same time. We have to gather treasures in heaven which rust, moth or vermin cannot destroy unlike treasures on earth which can be destroyed. After all Jesus said, “What would it profit persons if they gain the whole world but lose their souls?”

I encouraged the women not to be afraid to speak out against anything that violates Human Rights, Gender Equality and the Rule of Law as Jesus said “Do not be afraid of those who kill the body but be afraid of those who kill both the body and soul.”

In our commitment to END VAW, we do not like to just embark on short term programs or campaigns that do not effectively impact in upholding human rights, gender equality and the rule of law. Twenty years is too long for us to achieve what we have long been aspiring for as articulated in the Beijing Platform for Action.  

I stressed in my keynote speech that 33 years of commitment to CEDAW and 66 years of commitment to the Universal Declaration of Human Rights are  longer. The same covenants are even older that most of us. So we can no longer remain complacent. We have to take stronger and more aggressive and purposive actions to achieve what we want.   

The Women agreed to actively participate and work purposively by using the 5% GAD, Gender and Development Budget in the Barangays and the Local Government. We have agreed that the women will undergo trainings and will be actively, involved and become participants in the following areas:

1.   Budgeting. Graft and corruption being the biggest issue in government must be addressed by the women thru effective participation in decision making.

I told the women leaders from the Barangays that I also challenge women who belong to the rank and file and the supervisory positions from NGAs, National Government Agencies and GOCCs, Government Owned and Controlled Corporations, to be empowered and become watchdogs in the use of government funds.

Women from both the national and local levels    can make sure that the taxpayers’ money are properly utilized.

The many laws and institutions that are designed to eradicate graft and corruption are not effective. There is much hope for change when women will take action in budgeting and proper use of government resources.

2.   Well being, Safety and Security is another important concern that women shall be engaging in. The same cannot be left alone to the men in the community. Women will also undergo capability and capacity building in this arena using part of the GAD Budget.

3.   Crime Prevention is an arena where women should be involved in especially because there is now a tremendous rise of all forms of criminalities in various localities and communities in all places in the Philippines.

The women in Davao city indicated during the Workshop that the incidents of drug trafficking, robbery like “akyat bahay”, theft and other forms of criminalities are also high in Davao city. Everyone agreed that salvaging or summary executions is not the right response to solve criminalities since the same further contribute to the breakdown of law and order.

The women agreed to assert that the Law Enforcement arm of the government, particularly the police force should shape up and perform their jobs well in order for genuine peace and order to happen in the communities.

4.   Restorative Justice will be one of the 5 areas where women will participate so that the barangays can properly implement programs on Diversion as provided for by law, in order to help prevent cases involving CICL, Children In Conflict With Laws, from going to courts. This would greatly help in decongesting the courts’ dockets apart from instilling the good values to community members to talk over their conflicts and resolve the same peacefully. Thru such program, the CICL can be properly disciplined, corrected and rehabilitated thru community service. Here the women should take the lead in implementing Republic Act 9344, the Juvenile Justice Welfare Act of 2006.

5.   Justice and Healing is proven to be an effective approach in solving cases of Domestic Violence on cases involving Psychological and Economic Abuses. In Davao City we have trained as of last year Ten Justice and Healing Teams (J and H Teams) composed of thirty people, with three people in each Justice and Healing Team.

During the dialogue and feed backing we had at the ACCCTTS Center last November 13, 2014, those trained as part of the J an H Teams last year shared beautiful stories where they were able to employ and apply their knowledge on Justice and Healing that helped cases on Domestic Violence.

It was agreed that many more J and H Teams will be trained next year and an Advance Training shall also be conducted before the end of 2015.

Again, this effort on Justice and Healing shall greatly contribute in the much needed decongestion of courts’ dockets apart from a more effective and sustainable approach in delivering Justice and Healing to the communities.

It is my hope that the rest of the country will also carry out this program that the people in Davao City have started. I intend to propose the same to the Philippine Commission on Women where I sit as a Commissioner.

Apostle Paul in Galatians 6 verses 1 and 2 said:

“Brothers and Sisters, if anyone is caught in any transgression, you who are spiritual should restore them in a spirit of gentleness. Keep watch on yourselves, lest you too be tempted. Bear one another’s burdens and so fulfill the law of Christ.”      

    Dory Cruz Avisado

    11-28-14

KEY FACTORS FOR JUDICIAL REFORM (PART 7) JUDICIAL COMMISSION

There are many encouraging developments in the area of Judicial Reform that I see other than the impressive decision of the Supreme Court in the case involving the pork barrel funds.

A friend of mine, who very recently shared a lot of horror stories still going on in all   levels of the courts, expressed that she does not hope that genuine Judicial Reform can still take place during her lifetime. She is younger than me. I told her, “While I am older than you are, I believe otherwise.”

So, despite the painful stories of injustices that continue to happen in our midst, we shared some wishful moments about what the future has in store for our country, particularly in the area of transformation of the Philippine Justice System. I told her that what I cling to, is a Christian hope which I have elaborately discussed in the books JAJA, Justice for Arbet, Justice for All and the Intertwining Culture of Corruption Patriarchy and Impunity; Journey in the Advocacy for the Transformation of the Justice System.

I fully believe that for as long as we continue with our persistent advocacy and do concrete actions for the needed reform, particularly in countering the present intertwining culture of corruption, patriarchy and impunity; positive transformation can still happen in my lifetime. God will surely grant our hearts’ desires. Nasa tao ang gawa, nasa Diyos ang awa. Roughly translated that means, for as long as we the people continue to act and do the needed things to achieve what we aspire for, God being merciful, will bless the same.

The Transformative Justice Institute (TJI) is persistently doing its part in working for the much needed reforms. We have several concrete proposals that we have been discussing lately with various groups and sectors which are fully supportive of the much needed Judicial Reform. We have prepared a package of proposed reforms in order to be ready at anytime once amendment to the constitution will materialize hopefully through Constitutional Convention. One of such proposals is the creation of Judicial Commission.

 Judicial Commission is an important structure that is designed to hear cases of justices, judges and court personnel. Only cases of the Supreme Court Justices, who are impeachable officials, will not fall under the jurisdiction of the Judicial Commission. All the rest of the judicial officials and personnel shall be covered by the Judicial Commission. The Judicial Commission may consist of twelve members, with four divisions of three commissioners for each division, assigned in the National Capital Region, Luzon, Visayas and Mindanao.

All of those who hear our proposal in this regard, totally agree with the concept. This is because of the very weak system that we presently have in the administration of cases of justices, judges and court personnel due to the prevailing palakasan, bata-bata and padrino system. People are aware that abuse and misuse of fraternity ties is also prevalent in the administration of cases of judges, justices and court personnel.

Many fraternity members I interviewed before I wrote the book Intertwining Culture of Corruption Patriarchy and Impunity; Journey In the Advocacy for the Transformation of the Justice System admit that they place brothers in their fraternities in strategic positions so that they would be at an advantage whenever they have cases before them. Those strategic positions include the various levels of the judiciary.

The present set up is, when an aggrieved party would file an administrative case against a Justice of the Court of Appeals for instance, or a Judge of the Regional Trial Court or a Municipal or City Trial court, the same is lodged before the Office of Court Administrator (OCA) of the Supreme Court. The Court Administrator conducts the investigation and makes the recommendation to the Supreme Court on what action to take.

Many people complain that administrative cases are not properly acted upon due to the palakasan, padrino, bata-bata and the misuse and abuse of fraternity ties, which sometimes start from the OCA.  As a result, many people are losing faith in the judiciary due to its inability to act with impartiality in many cases involving one of its own. While many people air their complaints against judges and justices, they are not keen on filing administrative cases on the notion that nothing positive can come out of it anyway.

Partiality in the administration of cases involving judges and justices are reflected and manifested in many cases, including those that involve court stenographers who complain against judges who are charged of sexual harassment.

A very good example of this situation is shown in one case committed by a Davao City Judge against a Court Stenographer. The court stenographers sought for the inhibition of the Court Administrator at that time, in investigating the case because of his friendship with the respondent judge who is his brother in the fraternity. So, the case was referred to a Court of Appeals Justice despite the persistence of the Court stenographers for the case to be heard by the CODI-Committee on Decorum and Investigation under Republic Act 7877, the Anti Sexual Harassment Law.

The Supreme Court granted the Motion of the respondent judge not to allow the CODI to hear the case. Instead, the Supreme Court directed a Court of Appeals Justice to conduct the hearing.

The Court of Appeals Justice was fully convinced that the stenographer told the truth and that the quantum of evidence she presented in the administrative case is more than enough to hold the respondent judge liable for sexual harassment. Despite the recommendation for suspension of the Judge made by the Court of Appeals Hearing Officer, the Supreme Court en banc disregarded the same and dismissed the case against the judge.

Many cannot believe the highly discriminatory policy which the Supreme Court laid down in said sexual harassment case as it pronounced that the quantum of proof that should have been presented is equivalent to that required in criminal cases, because the respondent is a judge. It is in that case where I heard an Executive Judge expressed embarrassment for the judiciary. He stated that the decision makes it appear that the moral fitness required of judges or justices is lower than the other government officials.

The court stenographers believe that the Court Administrator who was already an Associate Justice of the Supreme Court at that time influenced the dismissal of the case. They no longer filed a Motion for Reconsideration as they claim that the same is just an exercise in futility. They just lifted everything to God.

Abuse and Misuse of fraternity ties can indeed cause a lot more embarrassment to the judiciary. It will continue to further erode the people’s faith in the justice system.

It is in this regard that an independent Judicial Commission becomes a necessity. With the sheer number of cases filed against judges, justices and court personnel; the same should be taken out of the Office of the Court Administrator.

The Office of the Court Administrator (OCA) is so loaded with a lot of other tasks. Handling cases filed against judges, justices and court personnel must be taken out of its functions, duties and responsibilities.

To have a truly independent Judiciary the OCA must also be independent and not under the Supreme Court justices. This is another recommendation that we at the TJI is proposing which is another key area for judicial reform. This shall be the subject of our next article.

 

Proverbs 18 verses 3 to 5 state:

“ When wickedness comes, so does contempt, and with shame comes disgrace.

The words of a man’s mouth are deep waters, but the fountain of wisdom is a bubbling brook.

It is not good to be partial to the wicked or to deprive the innocent of justice.”

  

Dory Cruz Avisado

10-26-14