The Transformative Justice institute (TJI) has been pursuing several concrete steps that can lead to a transformed justice system including Judicial Reform. As long time advocates, we are quite happy to note the widespread awareness that various sectors of the Philippine society now demonstrate as can be gleaned from their reactions to news reports and stories involving court cases. Thanks be to God, I can see even just very few progress between how things were in 2004 for instance, and 2014.
Many people have become more courageous to point out various
injustices that they see. This is a good sign that more Filipinos are getting
empowered. I needed to start with this positive note because we continue to
receive stories that reinforce the prevailing intertwining culture of
patriarchy, corruption and impunity in the justice system.
The latest story shared to me is so horrible that I cannot
believe that despite the effort of the
present administration to pursue some needed reforms, violators of the laws are totally unafraid and
unmindful in continuing to buy justice. What is grossly horrible is that some
of those in positions of power continue to sell.
Truly DEVS or Development thru Enrichment of Values and
Spirituality must be the primordial program that both churches and state must
pursue along with all sectors of the community for the tide to change. We
really have to storm heaven for God to help instill the fear in the hearts and
minds of those who continue to defy the Rule of Law. It would also help if we
popularize the teachings of Jesus our Lord and King who says:
"Do not store up for yourselves treasures on earth, where
moth and rust destroy, and where thieves break in and steal. But store up for
yourselves treasures in heaven, where neither moth nor rust destroys, and where
thieves do not break in or steal. For where your treasure is, there your heart
will be also." (Matthew Chapter 6 verses 19 to 21 of the Holy Bible).
Further, in Matthew 6 verse 24, Jesus says: “No one can
serve two masters; for either he will hate the one and love the other, or he
will be devoted to one and despise the other. You cannot serve God and wealth”.
(NASB version)
I received a good number of response thru my email involving
the two preceding articles I wrote about
the realities in the judiciary posted for the months of February and March,
2014. I am deeply encouraged even by those who silently support our call for
Ethical Administration of Justice in the Philippines. I fully believe that for
as long as we persist with our demands for judicial reform, things can turn
around.
We have noted that many people including the influential
media personalities are now more open to discuss the justice system and are
trying their best to explain to their audience or readers how a case progress
or flow. Many have become bold and question why certain decisions from the
court ended up one way or the other. Reading posts from netizens who comment or
react to certain news items or commentaries involving cases in courts reveal
that more and more people are demanding from the government to do something
concrete to truly transform the justice system, and particularly pursue
judicial reform. We encourage fellow advocates to push for more concrete recommendations on how to pursue the
needed reforms apart from just giving constructive criticisms.
Here are some key factors that can lead to Judicial Reform:
JUDICIAL BUDGET
For the 1st part of this series I would like to
discuss the need to increase judicial budget. The 1987 Philippine Constitution
provides under Article V111 Section 3, the following:
" The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released ".
As a development worker and advocate, I have noted that
budgetary control, has become an instrument, of many of those both in the
Executive and Legislative branches of the government, to influence many Judges
and Justices decide cases in their favor or in favor of their allies, in defiance of
the Rule of Law. The very sad state of the Judiciary is also primarily caused by the
dirty politics which is so prevalent in this country.
Many dirty politicians would not like for any transformation
or judicial reform to take place. An independent judiciary is anathema to them.
Thus, it is not surprising that despite decades of advocacy for increase in
judicial budget the same has not been favorably acted upon by our country’s
political leaders. The miniscule budget of the 3rd branch of the national
government which is only within the periphery of 2% of the entire national
budget could not give the much needed budgetary support to improve the judicial
system.
The Transformative Justice Institute and other advocates
have been pushing for the longest time for the Judicial Budget to be increased
to 4 to 5% of the national budget and for the Judiciary to be allowed to enjoy
fiscal autonomy in accordance with the above-quoted provision of the
Constitution. Along this line, as advocates we have also been pushing for the
Judiciary particularly the Supreme Court to be more transparent in its
accounting and auditing system for all the funds that come its way, including
the Judiciary Development Funds (JDF).
Due to the shortage in the Judicial Budget many laws designed to improve
the Judiciary remain unimplemented including RA 8369, which took effect in 1997
or 17 long years ago. This law mandates the Creation of the Regular Family
Courts.
Some people within the Judiciary justify the need to increase Judicial Budget asserting that the low pay of judges and justices further weakens the already weak values of many of them thus they become corrupt. Personally, I am not inclined to believe this considering my observation that many of those in the Judiciary who are quite wealthy are known to be corrupt while others who are not as well off are perceived to be upright. In my observation, those who succumb to corruption are those who appear to be lost, like prodigal children and are unmindful of the values that are taught to us especially by the one whom we call our Lord and Master. It is a choice between God and wealth as shown in the words of Jesus.
Some people within the Judiciary justify the need to increase Judicial Budget asserting that the low pay of judges and justices further weakens the already weak values of many of them thus they become corrupt. Personally, I am not inclined to believe this considering my observation that many of those in the Judiciary who are quite wealthy are known to be corrupt while others who are not as well off are perceived to be upright. In my observation, those who succumb to corruption are those who appear to be lost, like prodigal children and are unmindful of the values that are taught to us especially by the one whom we call our Lord and Master. It is a choice between God and wealth as shown in the words of Jesus.
Many marital and family related cases are pending with the
designated Regional Trial Courts (RTCs) as Family Courts, which are really
overwhelmed due to sheer number of pending cases. Consequently, so many other
cases like drug related cases further congest the courts’ dockets. One branch
of the RTC in Davao city handling drugs cases now calendar 50 to 60 cases
daily. The city jail with dehumanizing conditions further gets congested with
the rising number of inmates and the very slow pace of case disposal. Solving this problem must be the number one priority of the Judiciary; not salary increase. After all, Justices and Judges have now decent salary scale compared to other government employees. Salary increases can come later but that should also benefit other court employees and personnel.
The inability of the national government to properly provide
for the appropriate budgetary allocation for the Judiciary results in another
anomalous situation that impacts on judicial independence. This is where the
local government units (LGUs) provide for various kinds of support to the local
courts from monetary allowances for judges and assignment of LGU paid employees to serve as court personnel to
different branches of the local courts.
It is a known fact that many LGUs have pending cases before
local courts. Some judges are forced to accommodate requests from local
government officials involving cases before them because they need to seek
favor from the local political leaders. In one LGU in the Visayas, the
political leader withheld the allowance of one judge who decided against the
LGU. Very few of the other judges, who sympathized with the Judge, who acted in
accordance with the facts and the law on the matter, offered to give back their
allowances. Others did not.
With the pork barrel funds now declared unconstitutional,we
expect that the people’s money can be put to better use. Our government must be
sincere in fulfilling its promised program on Judicial Reform. Government must
increase the Judicial Budget to about 4 to 5% of the national budget and fully
implement laws like RA 8369 by creating
regular Family Courts, among others.
The Judiciary, particularly the Supreme Court must be
judicious in its use of the funds and ensure that local courts are given the right
funding to properly finance its needs. This is where the RCAO, the Regional
Court Administration Office also becomes vital.
We shall tackle for our next article as a key factor for
Judicial Reform, the need to free the Judiciary from political patronage.
Here are some more teachings from Jesus the Christ that can
help guide all of us in our day to day living:
“Enter through the narrow gate; for the gate is wide and the
way is broad that leads to destruction , and there are many who enter through
it. For the gate is small and the way is narrow that leads to life, and there
are few who find it” (Matthew 7:13 to 14); and
“For what will it profit the persons if they gain the whole
world yet lose their souls?” (Matthew 16:26).
Dory Cruz Avisado
4-26-14
