IMPARTIALITY

As a long time advocate for the transformation of the Philippine Justice System many are awed at the level of hope that I continue to express "that there will be a turn around." Things shall change for as long as we believe it can happen and we act decisively in pursuing the much needed transformation.

A very clear indicator for me that change is already starting albeit slowly, is the kind of openness that many of our citizens have started to demonstrate. Those who deliberately discuss and now advocate for the transformation of the Philippine Justice System include practicing lawyers.

It is heart warming that whenever I finish my presentation on Gender Law and Transformative Justice among lawyers either for their Mandatory Continuing Legal Education (MCLE), or for groups of government lawyers for the required program on Mainstreaming Gender and Development (GAD) in their offices, several participants would later approach me and ask permission  to use my materials in sharing the same to their communities. I readily say yes. 

I can see that we have  a growing number of concerned citizens who are actively involved in countering the intertwining culture of corruption patriarchy and impunity. Even among progressive media practitioners and netizens you hear and read a lot of comments regarding "justice for sale" and  "selective justice" under the present administration.

We need to look at our present situation with positive light and be fully convinced of the growing recognition that there can never be a genuine peace and sustainable development unless we have a working justice system in this country.

Many people readily agree about how weak are the various pillars of the Criminal Justice System in our country. They ask what can we do concretely to transform without glorifying the shortcut manner of resolving crimes like summary executions which are clearly violative of Human Rights and the Rule of Law?

Changing our values and mindsets is a necessity. We need to go back to the basics in the administration of justice where those tasked to administer the same, do uphold and respect the Rule of Law. By this, it simply means that administrators of justice need to be impartial, and will always act in accordance with law.

For genuine development to take place we must always allow the law to take its course. No matter who are involved in violating the law, our government should  properly file charges and cause the conviction for them to be properly disciplined regardless of their political alliances.Administrators of justice  should not be selective on who should be charged if evidence warrants.

As perceived by many advocates there is truth to the observation that many of those tasked to administer justice are selective in their actions that tend to favor personalities that belong to certain political groups. By way of example, many of those perceived to be close to the administration are not charged as expeditiously as possible of graft and corruption despite the testimony of witnesses and pronouncements made in the past by those investigating cases involving the PDAF, which was declared unconstitutional by the Supreme Court. 

Having conducted researches about the needed transformation, I have loads of suggestions in that regard some of which were already written in this Transformative Justice blog. Several of the recommendations require amendment of the constitution but many of our suggestions involve merely changing of attitudes and mindsets.

Right attitudes and mindsets by those tasked to administer justice should be in accordance with the admonition  by prophet Micah from the Old Testament in Chapter 6 verse 8, which states "What does the Lord require of you but to act justly, love mercy and to walk humbly with God."

That clearly means that to become a just administrator of justice one should act with impartiality and  simply apply the rule of law. It is basic that one has to love God and country above all else.

The big question is, among those who are holding positions of power tasked to administer justice; who are performing their duties and responsibilities with God in their hearts and are loving our country and our people?

Who among our leaders will put the interest of our country and the people over and above their political alliances and interests to remain in power?

The questions we have raised are not easy to answer due to many complexities that have affected our culture. Now our country and people are suffering from the intertwining culture of corruption patriarchy and impunity.

As citizens who love God and country, we need to help build a nation that will respect and uphold Human Rights Gender Equality and the Rule of Law at all times. This means that all of us must work together in ensuring that the justice system will be transformed the way it should be, as envisioned in the Preamble of the Philippine Constitution which I again quote here:

We the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and regime of truth, justice, freedom, love, equality, and peace do ordain and promulgate this constitution. 

In this regard, we need to discern very well who are the right political leaders to elect during the 2016 elections. Who among the political leaders will uphold Human Rights Gender Equality and the Rule of Law? Who among them understand the need to transform our justice system and can offer a concrete platform to carry out a program on transforming the justice system?

In the meantime, let us continue the call for impartiality in the administration of justice so that everyone who violated our laws can be held accountable.

As we work together in strengthening the different structures and institutions for us to attain a transformed justice system which is necessary for nation building, we need wisdom and guidance in our directions and actions. It is good to always ask the question, WWJD, What would Jesus do?

Our Lord, Master Savior and King Jesus, the Christ, reminded us about the Narrow and Wide Gates and the Wise and Foolish Builders in Matthew Chapter 7 verses 13 and 14 and 24 to 27 as he states:

Enter through the narrow gate. For wide is the gate and broad is the road that leads to destruction, and many enter through it. But small is the gate and narrow the road that leads to life, and only a few find it. 

Therefore everyone who hears these words of mine and puts them into practice is like a wise man who built his house on the rock. The rain came down, the streams rose, and the winds blew and beat against that house; yet it did not fall, because it had its foundation on the rock. But everyone who hears these words of mine and does not put them into practice is like a foolish man who built his house on the sand. The rain came down, the stream rose, and the winds blew and beat against the house, and it fell with a great crash. (NIV)

Dory Cruz Avisado
5-28-15