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
