There are plenty of horror stories which I personally
experienced involving the state of the Judiciary. Many of the stories impact
judicial independence and democracy.
As an insider advocate for judicial reform I found it really
disgusting to hear a Deputy Court Administrator from the Supreme Court tell me in a dialogue in April 2003, that I
can no longer do advocacy work because I am no longer with the NGO.
My passion for transformation of the justice system and
particularly judicial reform has a long history that started even when I was
still a young lawyer.
In 1983 I was appointed as Branch Clerk of Court of Regional
Trial Court Branch 9 in Davao City. Former President Ferdinand Marcos was still
in power. For the two and one half years that I worked as Branch Clerk I
witnessed how high ranking military officials as well as Ministers from the
Executive Branch of the government tried to influence the decisions of our
Judge especially in cases involving subversion, sedition or rebellion.
As a young lawyer I detested what was happening in the
institution where I belong. My disgust oftentimes manifested as I conducted my
classes at the Ateneo College of Law in Davao City. One weekend during the
third week of February 1986, my Judge invited our family for lunch at his
residence. He told me and my husband, Wendel, that the Minister of Justice
called his attention. He was told that unknown to me an intelligence officer
was enrolled in my classes and I was included in the NICA list due to my
negative inputs regarding constitutional authoritarianism or the dictatorship.
On the other hand, Wendel was likewise on the watch because while he was
employed by the Philippine National Bank (PNB) he was spotted to join
discussions and movements averse to the Marcos rule. Most officials from the
PNB at that time were already angry with the Marcos administration. Freedom of speech
and expression were suppressed.
In order not to place my Judge, who is like a father to us,
in a compromising situation I volunteered to resign. When I was about to tender
my resignation letter during the first working day of the last week of February
1986, my Judge prevailed upon me not to proceed because the People Power Revolution
is already taking place. However since my heart was already set and on fire to
do private practice of law and advocacy
work to help strengthen the justice system and particularly press for judicial
independence, I proceeded with my resignation in May 1986. Despite the many
opportunities for me to be appointed to good and high ranking positions in
government at that time I chose to be part of the Private Sector. I worked very
closely with Social Development NGOs.
I vowed to strongly advocate for Judicial Reform. I took
active part in deliberations of our Regional Development Council, RDC X1. With
NEDA serving as the Secretariat, its Regional Director Santiago “Santi” Enginco
one day told me that he was able to successfully push for the inclusion in the
Medium Term Philippine Development Plan (MTPDP) under the new administration of
President Corazon Aquino, what I have been repeatedly saying in our meetings
and that is Reform of the Justice System. That was an initial victory for us.
For about 14 years I was actively involved in developmental
law and feminist lawyering. Our group, the Paglilingkod Batas Pangkapatiran
Foundation Incorporated (PBPFI), was one of the pioneers of the Alternative Law
Groups (ALG). I became actively involved in Human Rights advocacy as well as
pursuit of Gender and Development (GAD).
When the ALG succeeded in partnering with the Supreme Court
and the United Nations Development Program (UNDP) for the Blueprint of Action
for the Judiciary in 1998, Chief Justice Hilario G. Davide, Jr. called for more
women to join the Judiciary. I responded to the call thinking that I can help better
in pushing for judicial reform as an insider advocate.
I was particularly keen on ensuring that the Judiciary will
become Gender Sensitive and Responsive so that cases on women and girl-children
can be better administered. I also like to take active part in the program
called “Enhancing the Communication Between the Judiciary and the Citizenry”.
In August 1999, I started to serve as the Presiding Judge of
RTC 9, the same court where I worked as Branch Clerk in 1983 to 1986. The
Blueprint of Action for the Judiciary was launched in February 2000. I was
tasked to be a Reactor. In the presence of the Supreme Court Justices sitting
en banc I expressed my hope that the dark days of martial is truly over and the
Judiciary can now assert to function independently.
As a Judge I saw that when one asserts and demonstrates
leadership in the administration of justice, cases can be disposed of speedily.
I became a recipient of multiple awards from all the three main branches of the
government. The Supreme Court during its centenary celebrations in June 2001
gave me a Special Award for Transparency and Advocacy of Judicial Reform. The
DILG with the NDEP and PDEA for two years in a row in 2002 and 2003 awarded me
for Speedy Disposition of Cases. Congress in 2003, through the Oversight
Committees of the House of the Representatives and Senate awarded me and my
court for the Pro-Active measures in the Administration of Justice particularly
as a Special Drugs Court.
Since only RTC 9 was designated as the sole Special Drugs
Court in Davao city when the new law, RA 9165 the Comprehensive Dangerous Drugs
Act of 2002, took effect, I requested the Supreme Court to designate an
additional drugs court. I indicated in my request the fact that due to the
volume of cases coming in at RTC 9 we needed to work overtime. Some of our
staff and court personnel are already starting to have serious health issues.
Our Court Interpreter had a mild heart attack while one of the stenographers
had a stroke due to hypertension.
The volume of cases in Davao City with a population at that
time of about 1.4 million people was huge. Cagayan de Oro City at that time with
only half of Davao City’s population already had more that one drugs court.
They attributed this to the fact that one of our incumbent Senators is from
Cagayan de Oro city.
My legitimate request for
additional drugs court was denied apparently because of my strong advocacy for
the Judiciary’s observance of RA 7877, the Anti-Sexual Harassment Law. In one
case where a court stenographer complained of being sexually harassed by her
Judge a Committee on Decorum and Investigation (CODI) should have been created.
Due to fraternity and friendly ties of the respondent judge with the Supreme
Court Administrator at that time, the Stenographers asked the Court Administrator
to inhibit from hearing the case.
Two pink documents were received at the RTC 9 on February
28, 2004. One document denied my request for additional drugs court while the
other indicated the need for the Supreme Court Administrator to comment on the
motion for him to inhibit from hearing the Sexual Harassment Case. The two pink
papers from the Supreme Court were clear messages to me to tender my irrevocable resignation as Regional Trial Judge which I did effective March 1, 2004, to pursue my advocacy
for Judicial Reform as an outsider advocate.
Those two pink letters from the Supreme Court brought a very
clear message to me. It was sort of saying: “If you continue to advice the
court stenographer about the complaint on Sexual Harassment, we will make life
difficult for you by denying your requests including very important and valid
ones like an additional drugs court. We have the power, so abide with the
pakikisama system”. The respondent Judge in the complaint against sexual
harassment is a fraternity brother and close friend of the Supreme Court
Administrator at that time. I believe that the Holy Spirit led me to resign precisely due to these types of situations in the Judiciary that badly need reform in order for the Rule of Law and Ethical Administration of Justice to be upheld.
On the day I wrote my resignation letter on February 28,
2004, our family decided to establish the ACCCTTS Center, which is a
self-funded ministry to carry various programs including DEVS, Development thru
Enrichment of Values and Spirituality, which we have been doing for quite some time,
and focus in transforming the justice system.
On March 1, 2004, we launched the Transformative Justice
Institute (TJI), now on its 10th year of existence.
While some people were very happy with my advocacy, many
were not. Some of those who became supportive of our cause organized JACOA, the
Justice Advocates and Court Observers Anchorpersons. As judicial insiders they
continue to relate with us matters which are vital points to consider in our
advocacy in transforming the justice system. The TJI has continuing dialogue
with them.
Most of those resisting judicial transformation are high
ranking officials of the judiciary. This story depicts one situation. In a
dialogue called for the purpose of discussing the issue raised by the lawyers
regarding irregularities in raffling of cases in Davao city, one Deputy Court
Administrator (DCA) questioned me on why do I continue with my “advocacy” when
I am no longer with the NGOs. I
explained what the lawyers told me and Sister Josephine Bacaltos, RGS, a good shepherd
nun, regarding their fears in filing administrative cases against the Executive
Judge.
The lawyers merely wanted to put a stop to the anomalous and
irregular practices. The DCA, who is well known to be a close friend of the
Executive Judge and Clerk of Court started to bash my advocacy telling me
“Dory, you are no longer with the NGOs. You should no longer do advocacy work.” I asked politely if the Supreme Court already
abandoned its program on Enhancing the Communication Between the Judiciary and
the Citizenry. The DCA admitted it is still there.
After a while, the Integrated Bar of the Philippines, IBP,
Davao city chapter called for a dialogue questioning my advocacy work. When I
pointed out that the Supreme Court itself gave me a Special Award for
Transparency and Advocacy for Judicial Reform during its centenary
celebrations, they terminated the dialogue. I recall that only one other Judge
asked the IBP to support my advocacy.
Apparently, those who were tasked to implement the Blueprint
of Action with good programs such as Enhancing the Communication Between the
Judiciary and the Citizenry had great difficulty in implementing the same. The
resistance for change by many Judicial officials themselves was very strong. If
such program launched by the Supreme Court 14 years ago was properly
implemented the state of the Judiciary would be different now.
Of the many other horror stories that continue to come our
way nothing can be more horrible than the case of Atty. Arbet Sta. Ana Yongco.
In 2010 we launched the book entitled: JAJA, Justice for Arbet, Justice for
All. Such book was simultaneously launched with two other books I wrote one of
which bears the title: Intertwining Culture of Patriarchy Corruption and
Impunity (Journey in Advocacy for the Transformation of the Justice System).
The story of Arbet shows how dirty politics is played in our
country and how the judiciary can be used by dirty politicians in their desire
to stay in power. The saddest part of the story is when high ranking officials
from the Judiciary allow themselves to be used in pressuring other court
officials like judges to give in to their demands. The story of Arbet depicts
the very sad state of the Judiciary which up to now is not being given enough
attention by our government.
On June 2, 2004, a close family friend, who is a high
ranking official from the military accompanied us, Arbet and I, to talk with a
well-known Catholic Church Leader to seek for help in the much needed judicial
reform.
In our presence, Arbet shared that a Judge in Cebu City
revealed to her that there is no hope that her Motion for Reconsideration to
cancel the earlier order of another branch of the court, allowing bail to Ruben
Ecleo, Jr., will be granted. The Judge according to Arbet revealed that they are
aware that a high ranking Supreme Court official, ordered the Judge to grant
the bail due to pressures from Malacanang Palace. So the judge granted bail.
The Catholic Church leader has apparently received more reports about the
Judiciary of the same sort. Anyway, he promised to talk with the Chief Justice
and even with the President at that time.
Arbet who persisted in fighting for the cancelation of
Ecleo’s bail was murdered right in her own home on October 11, 2004 by one of
the followers of Ruben Ecleo, Jr. I have to talk with Cebu City judges after
Arbet was brutally murdered. They confirmed Arbet’s story as extensively told
in the book I wrote entitled: JAJA, Justice for Arbet, Justice for All.
It has become a pattern for politicians to use even the
courts to attain what they want just to hold on to positions of power. Such
continuing attack to judicial independence do happen a lot because Judges and
Justices themselves allow it to be so. The lawyers and the entire Integrated
Bar of the Philippines allow it to be so.
Many are saying that the situation in the Judiciary is
irreversible. That this reality will just go on and on. I always disagree with this contention. There
are specific things that can be done to reverse and fully transform the present
system.
Parts 3 and 4 of our discussion on Judicial Independence
will tackle recommendations on what should be done.
Many people are amazed why we seem not to lose hope and not
get tired at all in our long running advocacy to transform the justice system
which to them appear hopeless. I always
say that we should never give up for the sake of our one and only beloved
country and our people.
Isaiah 40:31 states:
“Yet those who wait
upon the Lord
Will renew their
strength;
They will mount up
with wings like the eagles,
They will run and not
grow weary.
They walk and not
become faint.”
The Lord has been teaching us to wait, as we are granted
patience, perseverance and strength in
our journey in transforming the justice system with much love and joyfulness in
our hearts. After all our motto is “Serving our God and our country.” As always
we say, to God be the glory. Padayon ta.
Dory Cruz
Avisado
3-1-2014
