DEMOCRACY PART B (PART 5 ON HUMAN RIGHTS GENDER EQUALITY AND RULE OF LAW)

It is usually the desire of citizens in a Democratic Society to have justice and peace where human rights, gender equality and the rule of law is respected and upheld. Sadly, many Filipinos including professionals, people in government and in various private sectors including some political and religious leaders are not totally aware of the reality that even with the supposed restoration of democracy in the Philippines under the 1987 Philippine Constitution our situation in this country, is not actually a functioning democracy. Our democratic system is dysfunctional due to many factors.

In many highly democratic countries where the human rights of its citizens are respected and upheld all the time, many people appear to live happy and joyful lives as they enjoy the blessings of democracy.
In those countries you see that Social Justice is strong.

The delivery of basic social services is effective and efficient. That is what I saw in the Scandinavian countries particularly in Denmark, Norway and Sweden.

The blessings of democracy however do not come naturally. The people, the entire nation, in our case the Filipinos, should work for it. There is already a legal basis for us to demand for the blessings of democracy. The same are enshrined in our 1987 Philippine Constitution.

The Preamble of our Constitution  clearly emphasizes that the blessings of independence and democracy should be pursued under the rule of law and a regime of truth, justice, freedom, love, equality, and peace.

The blessings of independence and democracy can only be achieved if we see and feel the following indicators pertaining to situations, conditions and circumstances already present and prevailing in our country.  Such indicators are emphasized in the early part of the Preamble of the 1987 Philippine Constitution, to wit:

    1.      THAT WE HAVE A JUST AND HUMANE SOCIETY.
        
            In  a just and humane society, generally, people will be happy and joyful.
             But what do we see each day in our beloved country ?
         
             Each day we see people living their lives in inhumane conditions;
             Each day we see so many people including  women
                           and young children without homes;
             Each day we see many people wandering in the streets
                         scavenging for food from trash bins;
         
             Each day many women complain as they are victims of violence.
             Despite the existing laws  designed to protect them they continue
              to suffer due to the inability of the duty bearers,
             particularly of the people in government to effectively
                              implement and enforce the laws.

             Each day many people especially women and children complain
             about being victims of injustice oftentimes even caused by people
              in government including Judges in our courts of law who are
            clearly lacking in gender sensitivity and responsiveness.
     
Such condition of lack of gender sensitivity and responsiveness continue in our courts
despite the clear mandate of our laws where 5% of the budget of each government
entity or instrumentality including government owned and controlled corporations
are dedicated to capacity building for government workers including judges
and court personnel;  to remove all forms of biases to enable them to apply
the laws in accordance with its purposes as articulated in the declaration of principles.
       
 The list of situations, conditions and circumstances describing the absence of a just
 and humane society in our midst  showing that we are not yet enjoying
 the blessings of Democracy, where Human Rights, Gender Equality and the
Rule of Law is respected and upheld would be very very long.
Somehow we can tackle few items through this and the succeeding articles.

We need to discuss other indicators for us to see and feel the blessings of democracy
with few examples in this regard.

 2.  THAT WE HAVE A GOVERNMENT THAT EMBODY OUR IDEALS AND ASPIRATIONS.

           Each Filipino may have a different ideals and aspirations. But generally all Filipinos aspire for a just and humane society  which the government is primarily bound to establish.
Given our present condition, our government continue to fail us in this regard.

A simple review of the various government pillars comprising our criminal justice system will project to us the following, to wit:

The Law Enforcement particularly the Philippine National Police (PNP) is unable to solve many different crimes including the proliferation of dangerous drugs all over the country. Many lives are destroyed due to dangerous drugs. Many heinous crimes like rape and murder continue to rise also due to drug abuses of many of those who commit such crimes. Many cases of violence against women and children (VAWC) continue to happen due to drug abuses.

The worse part of the story about dangerous drugs as reported by some investigative reporters is that many of those  police persons who are supposedly involved in successful drug bust or operations actually report only a portion of the confiscated drugs as the police persons themselves push for the drugs which they withhold.

The allegation that  summary execution is effective in eliminating drug pushing  in places like Davao city as means of putting a stop to the proliferation of drugs is clearly a fallacy.
Clearly only the poor  and small time players are killed and eradicated with impunity. 

Drug pushing, possession and use continue to proliferate and rise  in Davao City.
The situation could be worse in other localities.

When I resigned as the Presiding Judge of  the only drugs court, the Regional Trial Court Branch 9 in Davao City in March 2004, for me to do full time advocacy for the transformation of our the Philippine Justice System, the number of drugs cases pending is less than 600. To be exact, the pending cases ending year 2004 were 561.

As of today, where two courts are serving as Special Drugs Court there are close to 4,000 cases already pending. Regional Trial Court Branch 9 have 2,398 cases while RTC Branch 13 has about 1,500 cases.

Despite the much ballyhoed killing of people involved in drugs trade in Davao city its eradication was not sustainable as clearly shown by the above figures. Clearly, summary killing is never the answer. The solution ought to be effective law enforcement.

While many are behind bars and are under detention, at the facilities of the Bureau of Jail Management and Penology in Ma-a Davao city, many others have taken over the job of drug pushing. Yet government, both national and local are not offering and doing concrete actions to genuinely stop the condition. 

Many police persons are also reported to be involved in various other crimes like hulidap, car napping, murder, etc.

Many of those who are watching teleseryes like FPJ's ANG PROBINSIYANO played by Coco Martin, swear how real is the depiction of a police force in charge of Law Enforcement. Many of the police officers are connected with big time syndicates.

Apparently, big time members of syndicates within the police force  are powerful enough to manipulate many things including reassignment of  a good,albeit hot tempered policeman. The  probinsyano was transferred from the CIDG to the traffic division.

Most likely at the end of the teleserye, the hero will prevail but that is not the real scenario expected of the PNP today unless the truly powerful leaders, the political leaders, particularly the President, will have the political will to transform the Philippine National Police.

As I see it, an iron hand President who advocates for Summary Executions of Criminals is not the solution in solving the rising crime incidents in the Philippines. The same will just contribute to the further breakdown of law and order. Such situation only create monsters from the PNP who themselves turn out to be big time criminals.

The approach for sustainable development in fighting crimes should be to ensure that police persons who are truly qualified for the position have the proper trainings.

They should have the right knowledge, skills and attitudes expected of police persons.

Our police force must be properly equipped and should be steps ahead of the criminals so that they can prevent commission of heinous crimes.

 The police force must be the real beneficiary of the intelligence fund of our government.

As it is today, the political leaders are the ones who have control of a huge chunk of the intelligence fund thus many police persons kowtow to their desires including illegal activities.   

Police persons should be trained with the right values of loyalty to God and country.

They should be respecters of Human Rights Gender Equality and the Rule of Law.

With the right values and spirituality of love of God and country they will appreciate their dignity and self worth, and the dignity and worth of other people.

Police persons must be given the right salaries, wages and other benefits so that they can live quality lives knowing that their positions are  risky and hazardous.

I will continue to discuss the other pillars of the criminal justice system in my  article early next month.

As we again commemorate the 18 day campaign to end Violence Against Women from November 25 to December 12, let us support the call of the Philippine Commission on Women (PCW)  to " End VAW now,  It's our Duty....Gains and Ways Forward".

Jesus Christ, our Lord, Master and King said in Matthew Chapter 6 verses 19 to 24:

 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 moth and rust do not destroy and where thieves do not break in and steal. For  where your treasure is there your heart will be also.

The eye is the lamp of the body. If your eyes are good, your whole body will be full of light. But if your eyes are bad, your whole body will be full of darkness. If then the light within you is darkness, how great is the darkness !

No one can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other.  You cannot serve both God and Money.


Dory Cruz Avisado
11-27-15
       
      




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