It has been eleven years from the time I tendered my irrevocable resignation as Presiding Judge of the Regional Trial Court Branch 9 in Davao City in order to fully advocate for the transformation of the Philippine Justice System.
Along with the members of my family Wendel, Gemma and Ethel, we established our self-funded family ministries thru the Avisado Advocacy Consultancy Counseling and Christian Teaching and Training Services Center, AACCCTTS Center. Through the center, we established various programs where we dedicate our God given talents and resources to be of service to God and our country. Under the umbrella of the AACCCTTS Center is the Transformative Justice Institute (TJI) also simultaneously established eleven years ago.
The Transformative Justice Institute (TJI) is the main vehicle we use in the advocacy for the transformation of the justice system. We feel so blessed that we are able to establish nationwide networks and linkages that support our call for people to do Truth Telling about their experiences in the various pillars of the justice system.
Now we have so many allies that push our government in constructive, active non-violent ways of transforming society and strengthening the various structures, pillars, and institutions charged with the administration of justice in order to slay and counter the Intertwining Culture of Corruption Patriarchy and Impunity in our Justice System. Many of our allies also come from the various pillars of the justice system that are under government employ and of course those that belong to the Community Pillar of Justice.
Young lawyers in our family, that includes our daughter Atty. Ethel Avisado and her cousin Atty. Arnold Abejaron, for the past five years have taken the tasks of being the Executive Officer, and Deputy Executive Officer respectively of the TJI where I served for six years as the Founding Executive Director. I now serve as the Chair of TJI.
The beauty in our working arrangements is that we have certain other works where we generate modest incomes but are still able to effectively carry out our self-imposed mandates on a voluntary basis for the TJI. We are aware that we are attaining this degree of success because God is blessing our work. Thus we always say "To God Be the Glory, Padayon ta (Let's carry on)."
In our recent family retreat, we all expressed our gratefulness and profuse thanksgiving to God and to each other our joy and happiness regarding the extent of achievements of our small family advocacy. We fully acknowledge that it is God's will that we are able to achieve some degree of success in pushing for the transformation of the Philippine Justice System. As a family, we acknowledge that we are but instruments of God in doing good things and we all agreed that everything we do would be our form of service to God and country. We are trying to be good followers and disciples of our Lord, Master and King Jesus Christ.
Part of the blessings that we acknowledge is my having been appointed by President Benigno Aquino III, PNOY, as Commissioner of the Philippine Commission on Women (PCW) representing the Elderly and Persons With Disability. Apart from taking up the concerns of the sector I represent in the Board, I am able to recommend other concerns based on my experience and what we see on the ground which oftentimes are products of our regular dialogues with all the pillars of justice.
Being with the PCW also gives me the opportunity to help implement our government's program in Mainstreaming Gender and Development (GAD). Thru the PCW, our long time advocacy for Human Rights, Gender Equality and Rule of Law can be further intensified.
In the recent Board of Commissioners meeting of the Philippine Commission on Women (PCW), the PCW technical staff presented various accomplishments which they hope will be included in President Aquino's last State of the Nation Address (SONA), in July of this year.
I suggested as part of our recommendations for the President's SONA, is the inclusion of his commitment to the nation that part of his programs for his last year in office shall be the implementation of Republic Act 8369 for the creation of the Regular Family Courts in the Philippines.
RA 8369 is an 18 year old law which has not been implemented due to the failure of the past administrations to allocate the needed funds. This segment of Judicial Reform has been acknowledged by the government since 1997 and sadly due to unexplained reasons, government continue to neglect its duty in complying with its mandate that should benefit Filipino families.
The continuing failure of the Philippine government to implement RA 8369 is a clear indication that many of our political leaders continue to lack the much needed appreciation and sensitivity regarding the proper administration of justice for cases involving marriages, families, children, and the youth particularly Children In Conflict with Laws (CICL) that fall within the jurisdiction of the Family Courts. I asked the PCW technical personnel to refer to the September 2013 post in this blog for a more elaborate discussion regarding the need for Regular Family Courts.
Despite the reality that the present administration has barely over a year to govern, it can show political will to create a big impact in the much needed Judicial Reform by doing a last ditch effort in implementing and enforcing RA 8369 as part of its legacy. The entire country will surely benefit from this much needed action from the government. The continuing neglect of the political leaders to do its part in implementing RA 8369 is a main factor in the continuing saga of miscarriages of justice and lack of healing on the part of the millions of families which have become dysfunctional.
While the bigger aspiration for an independent and clean Judiciary will surely take longer time to achieve, implementing RA 8369 is a very easy one. If the President will ask the Department of Budget and Management (DBM) and Congress to allocate funds for the creation of the Regular Family Courts, surely, it can be done under the present administration.
Dysfunctional relationships in families cause so many children to feel traumatized. Many of them become bitter in life and carry so much hatred in their hearts. Sadly, many of the Acting Family Court Judges, whose branches of the Regional Trial Courts were designated by the Supreme Court as Family Courts to handle cases falling under RA 8369, are unable to properly administer justice. Such situations cause further trauma to families especially the women and children.
The counseling that RA 8369 stresses, that should pave the way for healing of traumatized victims of Domestic Violence and correction and rehabilitation of the doers of violence, does not take place.
The present situation which contribute to the erosion of faith of many citizens including lawyers in the courts system has reached the point that many do prefer alternative actions to help dysfunctional families. However, concerned groups mostly NGOs and Church Based Organizations (CBOs), can only do so much. The government has the primary mandate to help dysfunctional families. It has the resources to do so.
Here are some relevant provisions of the Constitution that the government should uphold for the protection of human rights of everyone. These provisions of the Constitution are also part of the grounds which the Transformative Justice Institute is advancing in support of the passage of a Divorce Law. I discussed the need for Divorce Law in my preceding article for March, and the urgency of the implementing RA 8369, which hopefully PNOY will decide to be part of his legacy.
Under Article II of the 1987 Constitution in the Declaration of Principles and State Policies several provisions call for the promotion of the general welfare of all citizens and for the dignity and worth of every person as part of their human rights, to wit:
Section 5. The maintenance of peace and order, the protection of life, liberty and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
The peace and order mentioned under Section 5 include the much needed peace at homes and families and of course the communities. However due to the inability of the government to properly implement the good laws and to create the appropriate machinery as envisioned under RA 8369, the above provision of the Constitution is not being upheld and enjoyed by many people, including hundreds of thousands if not millions of women and children in the Philippines who are victims of Domestic Violence.
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life for all.
The quality of the lives of many of those who belong to dysfunctional families are oftentimes miserable. Their productivity are oftentimes affected. Government must realize that such situation does not only affect the families but the society at large.
Section 11. The State values the dignity of every human person and guarantees full respect for human rights.
Due to the failure of government to pass the much needed Divorce Law and to properly implement RA 8369 many Filipinos with dysfunctional families, especially women and children continue to suffer in miserable living conditions which are clearly violative of their human rights.
Section 13. The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
Many of our youths have become CICL due to lack of proper guidance from their parents. Oftentimes the parents due to unresolved conflicts and problems in their marriages neglect their parental roles as they are not able to cope with the family troubles and conflicts . If we have the right functioning Family Courts these kinds of problems may find solutions facilitated thru Counseling and proper administration of justice.
Section 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.
Many women and children who are victims of violence are not amply protected under the present system. Thus there is an urgent need to ensure that all structures to ensure the enforcement of the above provisions of law are realized. This is one of the strong grounds for the passage of RA 8369.
Finally, Article XIII of the Constitution on Social Justice and Human Rights provide the following:
Section 1. The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities by equitably diffusing wealth and political power for the common good.
Let us all pray that PNOY will leave a legacy of implementing one of the most vital laws passed 18 years ago which previous administrations failed to implement. After all it is all in his hands as well as in the hands of the members of Congress. Along with the Filipino nation, the Supreme Court is just waiting for the Executive and Legislative Branches of government to do their part.
Ecclesiastes Chapter 5 verses 8 to 10 states:
If you see the poor oppressed in a district, and justice and rights denied, do not be surprised at such things; for one official is eyed by a higher one, and one of them both are higher still. The increase from the land is taken by all; the king himself profits from the fields. Whoever loves money never has money enough; whoever loves wealth is never satisfied with his income. This too is meaningless.
Dory Cruz Avisado
4-25-15
