Advocates of Judicial Reform are very happy to note that the
Supreme Court is trying its best to come up with “doable programs” that will
strengthen the process of case disposal.
Recently, the Supreme Court issued new Rules to decongest
jails by upholding the right to bail. The news indicates that the Rules
“adopted by the full court on March 15, 2014 shall apply to persons currently
under detention awaiting trial. The high court justices said they recognized
the need to effectively implement existing policies laid down by the
Constitution, the laws and the rules respecting an accused’s right to bail and
a speedy trial in the context of decongesting our detention jails and
humanizing the condition of detained persons pending the hearing of their
cases”.
The Transformative Justice Institute (TJI) and its allies
have been repeatedly tackling this issue on jail congestion and we certainly
hope that this new Rules by the Supreme Court can attain its objective. The TJI,
Justice Advocates and Court Observers Anchorpersons (JACOA), and its allies
will continue to monitor this concern.
The other concern that TJI volunteer monitors will keep
their eyes on, along with members of JACOA and its allies, is the effectiveness
of the E Subpoena System that the Supreme Court, the Department of Justice
(DOJ) and the Department of Interior and Local Government (DILG) for the
Philippine National Police (PNP), launched just last month.
Some of the questions being raised this early by members of TJI,
JACOA and its allies are, “ Will the E Subpoena System result in reducing the
number of cases set daily in the trial courts’ calendars; and Will the courts now
refrain from its very bad practice of setting and scheduling up to about 60
cases in the calendar of the courts only to postpone practically all of those
cases except for about two or most three cases which can be actually heard or
tried on a particular day?”
Indeed, our court watchers find this development on the E
Subpoena System very interesting. For sure within the next six months or by the
end of 2014, we shall write the feedback that TJI will get from the field.
While advocates of judicial reform are happy with certain
developments as noted above, we wonder when will the Philippine government
confront the root causes of the problems of the Judiciary. As I have written
extensively about these concerns in the books, “Intertwining Culture of
Patriarchy, Corruption and Impunity” and JAJA, Justice for Arbet, Justice for
All”, many academicians, church based groups and other NGOs and civil society
sectors including the government agencies concerned have become aware about
such root causes. Lawyers among the professional groups are of course very much
aware about them and many of us have joined hands in facing the various
concerns head on. Many of us are now repeatedly quoting Micah 6:8 from the
Bible: “What does the Lord require of you? But to Act Justly, to Love Mercy and
to Walk Humbly with God”.
Many are asking why are we not successful after decades of
advocating for Judicial Reform and Development?
The biggest problem lies in the continuing failure of many of those
holding powerful and decision making positions like public officials to do
“truth telling” and face the root causes head on, so that appropriate solutions
and remedies can be made in order for our country to attain genuine Judicial
Reform and Development.
POLITICAL PATRONAGE and FRATERNITY/SORORITY TIES
In a graph in the book Intertwining Culture of Patriarchy
Corruption and Impunity, I illustrated how the Judiciary is trapped by dirty
politics and dirty politicians that make the Judiciary as a very weak
institution. Unless and until this very important area of concern becomes a
focus of judicial reform and development we cannot succeed in the much needed
transformation.
What we call political patronage that destroys the justice
system is manifested in many forms. We will try to tackle some of the most
pervasive and destructive types one by one as we share some stories of how patronage
leads to tremendous miscarriages of justice in our country.
Let us start with campus politics in law schools in the
Philippines and the misuse and abuse of fraternity ties.
Fraternities and sororities in law schools in the
Philippines are supposedly organized in order for law students to have support
groups that can encourage them in their law studies and eventually help them in
their bar examinations thru the “Bar Ops” or bar operations. This objective is
quite noble as brods or sis in the
fraternity or sorority can help make the study of law and preparation for the
bar examinations a little bit lighter and bearable. Due to camaraderie and the sense
of belonging there can be much fun to be part of fraternities or sororities.
Recruitment of fraternity and sorority members usually take
place at the start of the first semester. The usual targets are first year law
students or transferees. Decades ago, I was invited to attend a briefing of one
fraternity/sorority during my first year in the college of law. I was not
enticed to join despite the persistent follow up of the one assigned to recruit
me. That early I was turned off with what I heard, which was part of the sales
pitch of the group. They invited lawyer brods and sis who talked about the
advantage of belonging to their group. They stressed and emphasized that even
as legal practitioners they are at an advantage given their fraternity/sorority
ties. I already sensed that there is something not right in the tie that binds
the group.
Much later, I observed that the sad part about some
fraternities/sororities is when some of their members act like criminal
syndicates that eventually conspire to use the fraternity or sorority ties in
fixing cases. It is very sad when lawyers themselves totally disregard the Rule
of Law. Lawyers do not only conspire among themselves. It is obvious that they
also conspire with brods and sis in the Judiciary or other quasi-judicial
bodies.
Many lawyers totally forget or disregard what the First
National President of the Integrated Bar of the Philippines (IBP), Justice J.B.L. Reyes, eloquently said: that
as lawyers we have “No Master, But Law; No Guide But Conscience; No Aim but
Justice”.
The narratives I am sharing here are confessions made by
fraternity members themselves during our “truth telling” sessions:
Some members of one of the most famous law school
fraternities in Metro Manila, in key informant interviews, admit that leaders of their
fraternity deliberately agree for brods to be placed in strategic positions in
government. They have members who are with the Offices of the Ombudsman, the
Solicitor General, the Prosecutors Office, and even
constitutional bodies like the COMELEC. They have brods who are judges or
justices and who serve as hearing officers in other quasi-judicial bodies
including the National Labor Relations Commission (NLRC) and so many others. They also have members with whom they can
easily connect in Congress as well as various agencies in the Executive branch
of the government. They are well entrenched.
They agree that many of them misuse and abuse their
fraternity ties to be able to win favors for their clients. They are aware that
such practices are unethical and impact the administration of justice and the
Rule of Law. They agree to the process of “truth telling” as they strongly feel
that changes need to transpire for the sake of our beloved country and the
Filipino nation.
In Mindanao, fraternity and allied sorority members shared
in detail how their sister, who holds a high ranking position in the judiciary, even acts like the “Mafia Boss” in fixing cases. There is a well known story
where a son of one of their brods was reported to have caused the rape slay of
a young student. In the end, the driver of the popular brod became the fall guy
and is the one serving sentence for the crime of rape with homicide. The driver
is so privileged that even after conviction, he was not confined in the BUCOR facilities for a
long time. He remains in the city jail and is fully given financial support by
the family of the son of the powerful fraternity member.
Many lawyers are now feeling guilty, uneasy, and uncomfortable about the present state of the justice system. That kind of feeling is a good start for change to take place in the hearts and minds of lawyers. We just need a critical mass to demand for the needed change.
Here are some suggestions on how can change take place to
stop the misuse and abuse of fraternity ties:
1
There should be a nationwide and open discussion
among lawyers about this very dark situation that impact the life of our
nation:
1. Lawyers
should be in the forefront in working for DEVS, Development for Enrichment of
Values and Spirituality;
2. The law schools all over the country must
purposively tackle this concern and find ways and means on how can they
influence their law school fraternities to stick to the noble objective of camaraderie
and friendship, helping one another to do well in law schools and bar
examinations without defying the Rule of Law or doing any illegal and anomalous
acts; and
3. For all other sectors both in government and the
civil society including the religious groups to speak openly about this
situation and to encourage those administering justice to do massive “truth
telling” as a way of confessing the sins of the lawyers in the Philippines both
in the government and the privates sectors.
Next month, we will continue to share more stories on
political patronage and suggestions on how to stop the same.
The book of Proverbs Chapter 3 verses 5 and 6 states: “
Trust in the Lord with all your heart and lean not unto your own understanding,
in all your ways acknowledge Him and He shall direct your paths”.
Dory Cruz Avisado
5-14-14
