Free speech and expression are clearly part of the blessings of democracy that the Filipinos are able to enjoy today. As a matter of fact many people in other parts of the world are envious of the press freedom and freedom of speech that we enjoy in the Philippines. On the other hand, other foreign observers are saying that due to too much freedom in the Philippines many Filipinos have totally set aside their sense of responsibility for nation building. They just criticize and bash government leaders and workers, unmindful of any good work or achievements that people in government have accomplished.
It has been pointed out for example that many of those from the media just write or comment about situations delving on inaccuracies just to be able to criticize government officials. There are those who are clearly biased against government all the time.
For them there is no middle ground. They lack objectivity and thus they fail to do balanced reporting or commentary. This is one of the reasons why many Filipino citizens are confused. They are not well informed. They are deliberately misinformed to advance certain agenda meant to benefit only the few without regard to its impact in the entire nation.
Many of our citizens are being mislead by people in the media. As a result they do not become well educated about the realities in the Philippines. They usually just take sides without deep reflection and analyses of situations. They believe outright especially if contentions or allegations are made by well known personalities. This is where Peoples' Education and Empowerment Programs, PEEPs, usually carried out by Non Government Organizations, NGOs and Civil Society Organizations, CSOs become vital.
Sadly, many of those in the media are involved in the so called "envelopmental journalism." They receive bribes and other forms of favors from certain personalities, mostly from politicians. As such, those people in media are no longer independent minded. They always write or make commentaries in favor of their patrons. They become sycophants and apologists. They reinforce political patronage that is destroying the democratic system. Thus, the professional journalists are trying their best to also advocate for transformation in their own ranks.
Part of the positive development in our country is that there are more and more Filipinos who have become discerning. The number of responsible citizens who are aware about the true meaning of democracy are on the rise. People who appreciate respect and uphold human rights, gender equality and the rule of law have become more vocal and are openly opposing the wrong way of solving crimes such as by way of salvaging or summary executions. Yet, so many people still need to be enabled, educated and empowered so that they will also be able to appreciate genuine democracy and understand the true meaning of the rule of law.
Clearly advocates like us, should never give up on our fellow citizens especially those who believe in short cut ways of resolving crimes without regard to due process. We have to continue in intensifying our advocacy in educating, enabling and empowering our people.
We must be able to make them realize that the effective and efficient way of solving crimes is to transform and strengthen all the pillars of the Criminal Justice System including the courts. This is an important dimension of what is needed in establishing a government that shall embody our ideals as provided for in the Preamble of the Philippine Constitution.
THE COURTS
For the past few years more and more people are openly complaining about their sad and bad experiences against government particularly those that belong to the various pillars of the Criminal Justice System, especially against the courts. To be able to criticize the weaknesses of our courts is part of our blessings of democracy.
Complaining is a very healthy exercise of our freedom. It is good for our nation, for as long as people will do "truth telling" for the purpose of acknowledging the problems that we face in the justice system.
Constructive criticism is very vital so that we can find ways and means which we, in the Transformative Justice Institute and our allies are doing. We always resort to constructive criticism in pursuing concrete moves in countering the intertwining culture of corruption patriarchy and impunity in our justice system.
In the past only very few citizens including people from the media would make direct criticism against the courts. That is true to either the lower or the higher courts. Many are afraid to be made to explain and be cited in contempt of court. This is no longer true.
Stakeholders, court users, observers and court monitors including government lawyers like public prosecutors, and solicitors, lawyers from the Public Attorneys' Office and of course even private legal practitioners who are members of the Integrated Bar of the Philippines (IBP), are now openly sharing their stories and disgust about their sad experiences in using the court system.
Despite commitment from many of our government officials to pursue Judicial Reform and Development since many decades ago there are only very few positive changes that we see.
In some aspects like disposition of cases, the situation is getting worse all over the country.
Court case flow management is in a very bad state such that many trial courts set in their calendar more than thirty cases each day knowing that on the average only five cases at the most can proceed for trial during that day.
In Davao City court monitors report that one of the Special Drugs Court which I used to preside until February 28, 2004 when I tendered my irrevocable resignation to go into full time advocacy in transforming the justice system; is now setting more than seventy cases in the court's calendar each day. That branch of the court, Regional Trial Court Branch 9 was the only Special Drugs Court in Davao City at that time. The number of cases pending way back then is less than 600.
Now there are two designated drugs court in Davao City. Despite the allegation by some people that Davao City is drugs free, statistics show otherwise. The number of drugs cases pending before the two drugs courts are close to four thousand as of the end of 2015.The number of cases filed each week
are definitely more than the number of cases which the two branches of the trial court can dispose.
As a consequence, the number of detainees at the Maa Davao City Jail keep on increasing. Truly, unless a radical solution is done by the Judiciary to solve this problem it will just continue to worsen.
In this regard government must be resolute, determined, purposeful unswerving unwavering steadfast unfaltering and sincere in transforming the Judiciary.
While the present administration did not really respond the way it should in transforming the justice system, it has somehow started something positive like increase in Judicial Budget for 2016. The Supreme Court facilities will soon be transferred to the Bonifacio Global City.
The Philippine Judicial Academy, PHILJA on November 25, 2015 conducted a consultation with various sectors to find out their sentiments about the courts. This is indeed a great breakthrough since various issues and concerns were raised by the various sectors who came up with constructive criticisms and helpful recommendations to improve the education of our Judges and Justices.
As a Commissioner of the Philippine Commission on Women, PCW, and as Chairperson of the Transformative Justice Institute (TJI), I suggested to strengthen Judicial Education in the area of Court Case Flow Management, Human Rights, Gender Equality and the Rule of Law among others. I also suggested that Judicial Education must include the subject on Transformation of the Philippine Justice System.
With the increase in Judicial Budget we are expecting that finally Republic Act 8369 for the creation of Regular Family Courts shall finally be implemented. That law took effect in 1997 and will be 19 years old this year. The regular Family Courts with gender sensitive and responsive judges are badly needed in our court system.
Considering that this is an election year we are campaigning for the citizens to make the Philippine Justice System an issue. Let us find out who among the candidates would sincerely push for the transformation of the Justice System. Let us support those who will do.
In our next article let us tackle the various issues and concerns being raised against lawyers that impact our blessings of democracy. Public defenders and lawyers who represent the accused or defense in criminal cases are considered by the Transformative Justice Institute as part of the eight pillars of the Criminal Justice System. They are lawyers who are tasked to defend the rights of the accused. They should be included to balance the scale against the Prosecution.
The book of Philippians of the New Testament in Chapter 4 verses 4 to 9 states:
Rejoice in the Lord always. I will say it again: Rejoice! Let your gentleness be evident to all. The Lord is near. Do not be anxious about anything, but in everything, by prayer and petition, with thanksgiving, present your requests to God. And the peace of God, that transcends all understanding, will guard your hearts and your minds in Christ Jesus.
Finally brothers and sisters, whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable, - if anything is excellent or praiseworthy - think about such things.
Whatever you have learned or received or heard from me, or seen in me - put it into practice. And the God of peace will be with you.
Dory Cruz Avisado
1-27-16
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