This will be part 2-A of the 2nd part of the 4 part series
of articles that Transformative Justice shall feature to attain Judicial
Independence and to Strengthen our Democracy.
The preceding article posted last January, 2014 explained
the basic concepts of judicial independence. In this 2nd part we
shall have some narratives that will show how the intertwining culture of
patriarchy and corruption in the justice system lead to impunity and tremendous
miscarriage of justice.
As a long time advocate for the transformation of the
Philippine Justice System, I can vividly see the huge distrust in the judiciary
of so many people, not only the Filipino citizens, but also of foreigners who
have engaged or experienced the Philippine Justice System.
Many investors are apprehensive about doing business in our
country because of the poor judicial system. The weak justice system and the
lack of a stable and independent judiciary impact our economic growth and development.
This problematic situation greatly contributes to the increasing unemployment rate in
the country. It also contributes to the continuing cycle of violence in our
society and the breakdown of the Rule of Law.
The Judiciary should be leading the country in upholding the
Rule of Law at all times and thereby lead in attaining genuine democracy. But
as we all know, political patronage, padrino, palakasan and bata-bata system
continue to hover this very important branch of the government principally
tasked in the administration of justice.
I know of many young
lawyers who are no longer interested to do trial work or have anything to do
with the judiciary. Among these lawyers are those handling cases on Violence
Against Women and their Children (VAWC). As a result of this, many of those who
are suffering from Domestic Violence (DV) and VAWC are not able to truly attain
justice and healing.
The Transformative Justice Institute, the WOMYNET and other
groups have to find alternative modes for Justice and Healing not only of the
abused but also of the abusers. This is definitely an excellent mode of
administering and facilitating justice and healing but given the limited
extent of such alternative approach
undertaken mostly by NGOs and church based groups, with very limited resources,
many people in need of justice and healing
remain unassisted, not served nor helped.
So many children who remain traumatized or bitter become CICL. Since the government is not able
to properly implement programs for Children in Conflict with Laws, many of our
young ones are now involved in certain criminal activities. Crimes remain
unabated. There is tremendous break down of law and order. Justice and Peace
remain elusive everywhere, not only in Mindanao but especially within the National
Capital Region and Metro Manila.
In many families,
abuses and violence continue to reign in the homes. The judiciary is not able
to fulfill its role to serve as a leader in the much needed effective and
efficient administration of justice specially
in marital and family related cases as well as cases involving minors and
children. This is the reason why we have been demanding for the longest time
for the implementation of Republic Act 8369, for the creation of Regular Family
Courts. Such law took effect way back in 1997. Yet the government continues to
fail to allocate the appropriate funding
for the implementation of said law.
The Transformative
Justice Institute which incessantly advocates about this matter already got
assurances from officials of the present administration for the much needed
budgetary allocation for the implementation of RA 8369. Sadly, there is still no positive development yet in this regard.
It appears that cases involving Domestic Violence and
the Children in Conflict with Laws among other important cases that impact not
only the lives of many citizens who are parties to the cases but also on the
peace and order condition of the communities and the country at large, are not
given the attention it badly needs from our government.
There are so many factors for the continuing failure of the
judiciary to fulfill its role in the ethical administration of justice as can
be gleaned in the intertwining culture of patriarchy, corruption and impunity
in the justice system.
In a multi-sectoral workshop that the Transformative Justice
Institute facilitated some years ago, the participants were asked to give their
observations in the various pillars of the criminal justice system in response
to the question how are the pillars responding to Micah 6:8 which says, “God
has shown you oh human being, what is good?, to act justly, to love mercy and
to walk humbly with your God”. The result of the workshops did not only reveal
the general observations of the participants about the pillars of justice.
Specific
horror stories about the “Bench and the Bar” were told. Some stories about
lawyers coming from certain universities including Ateneo de Davao University
(ADDU) were shared.
Since I was already sitting in the Board of Trustees of ADDU
at that time, and being a proponent of
“Truth Telling” and creation of Circles of Truth (COT), I shared the story with some Jesuit priests so
that we can do some reflections considering that we have been at the forefront
in fighting corruption thru the Ehem Anti
Corruption Unit.
The story from a courageous
barangay kagawad shared during the workshop reporting session goes: His friend
from their barangay approached him asking for help because he is finding so
much trouble with his case pending before a court in Davao City. When they
appeared in court during the pre-trial he agreed to amicably settle the case
and pay the amount quoted by his lawyer,
an ADDU graduate. The amount quoted was almost double the original claim
against him but he agreed because he wants the case terminated. He was made to
understand that the amount covers everything including the fees for the other
lawyer. The case was reset for the final settlement. When the next setting came
he was shocked when his lawyer added more thousands to the earlier quoted
amount. When the kagawad asked who is the lawyer of the other party he was told
that the lawyer is also a graduate of the ADDU. He then advised his friend to
terminate the services of his lawyer from Ateneo and get another one who is a
graduate of another university. He talked about knowing how fraternity ties is being abused and misused
by many lawyers in the administration of justice.
Many of the advocates are aware that the abuse and misuse of fraternity ties
just like political and friendly ties are the main culprits that derail the ethical administration of justice as well as
the speedy disposition of cases. Most often, the so-called officers
of the courts specifically the lawyers themselves are unmindful of delaying case disposals
for as long as they can get more money from the litigants. That is the reason why I have been calling for the review of the practice of charging appearance fees which are constantly paid by litigants even if hearing of cases are postponed for as long as lawyers will appear in court. Many times lawyers from both parties just agree to postpone cases without consultation with their clients.
It is better to come up with a policy that will put the appropriate incentives like allowing reasonable fees to be charged by lawyers once cases are terminated. That way disposition of cases are expedited and justice is delivered speedily and swiftly.
We also hear stories where the judges themselves take part in delaying the disposal of cases. TJI has been informed that in many cases where parties are wealthy and have the means to amicably settle the cases; some judges would deliberately delay the proceedings and talk to the lawyers especially if they are brods or sis in the fraternity or sorority to take into consideration the judge’s “fair share”. That means exacting more money from the litigants.
When I was still with the Judiciary, a lawyer wanted to
report to me an on-going corruption at the offices of the Clerk of Court and
the Executive Judge. It involved trafficking and raffling of cases specifically
in cases where huge amounts of money are involved. The lawyer coursed through the
request to one of our court stenographers. I did not readily agree to the
request to talk with the lawyer unless
the stories of the lawyers are told before a religious figure.
In the presence of Sister Josephine B. Bacaltos, RGS, some
horror stories were shared. Sister Bacaltos has been a longtime partner in the National
Movement for the Transformation of the Justice System (NMTJS) along with other
Good Shepherd Sisters. Sister Josephine upon hearing the story challenged the
lawyer to raise the matter to the Supreme Court. She promised that their group
will monitor the cases they file.
Lawyers usually express fear in filing cases and complaining
against judges. The reservations become stronger when the judge is a brother or
sister in the fraternity or sorority. Further, the lawyers claim that since they have clients to protect and they
have other cases pending before the judges whom they want to be disciplined,
oftentimes they are really “afraid” to file any administrative case against a
judge. They stressed and pointed out however that they like for corruption in
the judiciary to stop.
In the spirit of transparency, and in my desire for judicial
reform to take place, I raised the concern of the lawyers to my fellow judges
and subsequently to the Supreme court pursuant to the program on “Enhancing the
Communication Between the Judiciary and the Citizenry.” The result of such
advocacy is another horror story which I will share in part 2-B of this
article.
Part of the reality in the Judiciary is that it is not at
all easy to cleanse. Worse, the Supreme Court itself has been perceived as
unable to respond to the call for
cleansing given its own image or reputation. Many observers point to the lack of genuine judicial
independence. There are so many stories about corrupt and anomalous practices. That is why we welcome the recent move of Chief Justice Maria
Lourdes Sereno to look closely on allegations of corruption. She started with the creation of
a Committee now headed by Associate Justice Marvic Leonen. Many are eagerly waiting for the result of investigations being conducted.
Considering the length of other stories needed to be shared
we shall now publish this article as part 2-A. Part 2-B shall dwell on more
stories that involve the Supreme Court . Please read on
.
Proverbs Chapter 2 verses 1 to 5 states:
“ My child, if you
will receive my words and treasure my commandments within you; Make your ear
attentive to wisdom, Incline your heart to understanding; For if your cry for
discernment; Lift your voice for understanding; If you seek her as silver and search
for her as hidden treasures; Then you will discern the fear of the Lord and
discover the knowledge of God”.
Dory Cruz Avisado
2-25-14
