REALITY OF THE PRESENT DAY JUDICIARY (Part 2-A)

This will be part 2-A of the 2nd part of the 4 part series of articles that Transformative Justice shall feature to attain Judicial Independence and to Strengthen our Democracy. 

The preceding article posted last January, 2014 explained the basic concepts of judicial independence. In this 2^nd part we shall have some narratives that will show how the intertwining culture of patriarchy and corruption in the justice system lead to impunity and tremendous miscarriage of justice. 

As a long time advocate for the transformation of the Philippine Justice System, I can vividly see the huge distrust in the judiciary of so many people, not only the Filipino citizens, but also of foreigners who have engaged or experienced the Philippine Justice System.

Many investors are apprehensive about doing business in our country because of the poor judicial system. The weak justice system and the lack of a stable and independent judiciary impact our economic growth and development. This problematic situation greatly  contributes to the increasing unemployment rate in the country. It also contributes to the continuing cycle of violence in our society and the breakdown of the Rule of Law.

The Judiciary should be leading the country in upholding the Rule of Law at all times and thereby lead in attaining genuine democracy. But as we all know, political patronage, padrino, palakasan and bata-bata system continue to hover this very important branch of the government principally tasked in the administration of justice.  

 I know of many young lawyers who are no longer interested to do trial work or have anything to do with the judiciary. Among these lawyers are those handling cases on Violence Against Women and their Children (VAWC). As a result of this, many of those who are suffering from Domestic Violence (DV) and VAWC are not able to truly attain justice and healing.

The Transformative Justice Institute, the WOMYNET and other groups have to find alternative modes for Justice and Healing not only of the abused but also of the abusers. This is definitely an excellent mode of administering and facilitating justice and healing but given the limited extent  of such alternative approach undertaken mostly by NGOs and church based groups, with very limited resources, many people in need of justice and healing  remain unassisted, not served nor helped.

So many children who remain traumatized or bitter  become CICL. Since the government is not able to properly implement programs for Children in Conflict with Laws, many of our young ones are now involved in certain criminal activities. Crimes remain unabated. There is tremendous break down of law and order. Justice and Peace remain elusive everywhere, not only in Mindanao but especially within the National Capital Region and Metro Manila.

 In many families, abuses and violence continue to reign in the homes. The judiciary is not able to fulfill its role to serve as a leader in the much needed effective and efficient administration of justice  specially in marital and family related cases as well as cases involving minors and children. This is the reason why we have been demanding for the longest time for the implementation of Republic Act 8369, for the creation of Regular Family Courts. Such law took effect way back in 1997. Yet the government continues to fail to allocate the appropriate funding  for the implementation of said law.

The Transformative Justice Institute which incessantly advocates about this matter already got assurances from officials of the present administration for the much needed budgetary allocation for the implementation of RA 8369.  Sadly, there is still no positive development yet in this regard. 

 It appears that cases involving Domestic Violence and the Children in Conflict with Laws among other important cases that impact not only the lives of many citizens who are parties to the cases but also on the peace and order condition of the communities and the country at large, are not given the attention it badly needs from our government.

There are so many factors for the continuing failure of the judiciary to fulfill its role in the ethical administration of justice as can be gleaned in the intertwining culture of patriarchy, corruption and impunity in the justice system.

In a multi-sectoral workshop that the Transformative Justice Institute facilitated some years ago, the participants were asked to give their observations in the various pillars of the criminal justice system in response to the question how are the pillars responding to Micah 6:8 which says, “God has shown you oh human being, what is good?, to act justly, to love mercy and to walk humbly with your God”. The result of the workshops did not only reveal the general observations of the participants about the pillars of justice. 

Specific horror stories about the “Bench and the Bar” were told. Some stories about lawyers coming from certain universities including Ateneo de Davao University (ADDU) were shared.

Since I was already sitting in the Board of Trustees of ADDU  at that time, and being a proponent of “Truth Telling” and creation of Circles of Truth (COT),  I shared the story with some Jesuit priests so that we can do some reflections considering that we have been at the forefront in fighting corruption thru the Ehem Anti Corruption Unit.

 The story from a courageous barangay kagawad shared during the workshop reporting session goes: His friend from their barangay approached him asking for help because he is finding so much trouble with his case pending before a court in Davao City. When they appeared in court during the pre-trial he agreed to amicably settle the case and pay the amount  quoted by his lawyer, an ADDU graduate. The amount quoted was almost double the original claim against him but he agreed because he wants the case terminated. He was made to understand that the amount covers everything including the fees for the other lawyer. The case was reset for the final settlement. When the next setting came he was shocked when his lawyer added more thousands to the earlier quoted amount. When the kagawad asked who is the lawyer of the other party he was told that the lawyer is also a graduate of the ADDU. He then advised his friend to terminate the services of his lawyer from Ateneo and get another one who is a graduate of another university. He talked about knowing how  fraternity ties is being abused and misused by many lawyers in the administration of justice.  

Many of the advocates are aware that the abuse and misuse of fraternity ties just like political and friendly ties are the main culprits that derail  the ethical administration of justice as well as the speedy disposition of cases. Most often, the  so-called officers of the courts specifically the lawyers themselves are unmindful of delaying case disposals for as long as they can get more money from the litigants. That is the reason why I have been calling for the review of the practice of charging appearance fees which are constantly paid by litigants even if hearing of cases are postponed for as long as lawyers will appear in court. Many times lawyers from both parties just agree to postpone cases without consultation with their clients. 

 It is better to come up with a policy that will put the appropriate incentives like allowing  reasonable fees to be charged by lawyers once cases are terminated. That way disposition of cases are expedited and justice is delivered speedily and swiftly.

We also hear stories where the judges themselves take part in delaying the disposal of cases. TJI has been informed that in many cases where parties are wealthy and have the means to amicably settle the cases; some judges would deliberately delay the proceedings and talk to the lawyers especially if they are brods or sis in the fraternity or sorority to take into consideration the judge’s “fair share”. That means exacting more money from the litigants.

When I was still with the Judiciary, a lawyer wanted to report to me an on-going corruption at the offices of the Clerk of Court and the Executive Judge. It involved trafficking and raffling of cases specifically in cases where huge amounts of money are involved. The lawyer coursed through the request to one of our court stenographers. I did not readily agree to the request to talk  with the lawyer unless the stories of the lawyers are told before a religious figure. 

In the presence of Sister Josephine B. Bacaltos, RGS, some horror stories were shared. Sister Bacaltos  has been a longtime partner in the National Movement for the Transformation of the Justice System (NMTJS) along with other Good Shepherd Sisters. Sister Josephine upon hearing the story challenged the lawyer to raise the matter to the Supreme Court. She promised that their group will monitor the cases they file.

Lawyers usually express fear in filing cases and complaining against judges. The reservations become stronger when the judge is a brother or sister in the fraternity or sorority. Further, the lawyers claim that  since they have clients to protect and they have other cases pending before the judges whom they want to be disciplined, oftentimes they are really “afraid” to file any administrative case against a judge. They stressed and pointed out however that they like for corruption in the judiciary to stop.

In the spirit of transparency, and in my desire for judicial reform to take place, I raised the concern of the lawyers to my fellow judges and subsequently to the Supreme court pursuant to the program on “Enhancing the Communication Between the Judiciary and the Citizenry.” The result of such advocacy is another horror story which I will share in part 2-B of this article.

Part of the reality in the Judiciary is that it is not at all easy to cleanse. Worse, the Supreme Court itself has been perceived as unable to  respond to the call for cleansing given its own image or reputation. Many observers point to the lack of genuine judicial independence. There are so many stories about corrupt and anomalous practices. That is why we welcome the recent move of Chief Justice Maria Lourdes Sereno to look closely on allegations of corruption. She started with the creation of a Committee now headed by Associate Justice Marvic Leonen. Many are eagerly waiting for the result of investigations being conducted. 

Considering the length of other stories needed to be shared we shall now publish this article as part 2-A. Part 2-B shall dwell on  more stories that involve the Supreme Court . Please read on

.

Proverbs Chapter 2 verses 1 to 5 states:

 “ My child, if you will receive my words and treasure my commandments within you; Make your ear attentive to wisdom, Incline your heart to understanding; For if your cry for discernment; Lift your voice for understanding; If you seek her as silver and search for her as hidden treasures; Then you will discern the fear of the Lord and discover the knowledge of God”.  

Dory Cruz Avisado

2-25-14

JUDICIAL INDEPENDENCE (PART 1)

Our article on judicial independence shall be divided into four parts considering how vital this concern is in transforming our justice system and strengthening our Philippine democracy.  In this first part of our discussion we shall tackle the Basic concepts of Judicial Independence by stressing its importance in relation to our democracy. Our second part will tackle the present realities in our Judicial system that hampers attainment of genuine democracy. The third part will be devoted to Judicial Budget and Fiscal autonomy which also impacts on judicial independence. Lastly, we will discuss recommendations in order to attain real and true Judicial Independence.

Filipinos must learn how to love and value democracy especially because we experienced dictatorship and martial law under the Marcos regime. We experienced the pain and trauma of not to being able to enjoy our God given rights and freedoms and the rights and freedoms provided for under the Bill of Rights of the constitution for a very long period of time.

We experienced the cruelty of our government during those dark days of  dictatorship and martial law. Sadly,  many Filipinos especially those living below the poverty line and those who continue to experience various forms of injustices and discrimination, do not see the difference between  the years of martial rule and days when democracy was already restored.We cannot blame them simply because they continue to be dehumanized and suffer from the inequities in our society. We have to aspire for every Filipino to live with dignity and self-worth.

  All of us who value our rights and freedoms must actively take part in ensuring that we attain genuine democracy in our beloved country.  As it is today, we need to do much more in order that the Filipino nation can truly claim that we succeeded in restoring democracy in our country. It is a sad reality that we still have a fledgling democracy despite the  28 long years after the triumphant Edsa People Power revolution.

 Article 11, Section 1 of our 1987 Philippine Constitution provides: " The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them." This means that the Filipino people who overwhelmingly ratified the constitution and are the rulers must be obeyed by those whom they tasked to be their representatives thru the Rule of Law. Thus it said that "we are a government of laws and not of persons." 

The Filipino people whom our president, Benigno Simeon Aquino III, PNOY, rightly calls his boss,  is supposedly the bosses of all government officials and government workers. The bosses are the principals and the officials and workers are the  representatives or the agents. Thus, the call to stop the "wang wang mentality" was very popular considering that majority of the Filipino citizens have become angry about how their representatives or agents are abusing their authority that emanates from the people.  

Many of our government representatives or workers belong or work with any of the  3 main branches of our government namely: the executive, legislative and the judiciary. Each of the three branches have different functions designed and are provided for in the constitution to ensure that democratic processes are upheld all the time. The legislative branch of our government is the law making body. The executive branch of the government is tasked to enforce or implement the laws. The judiciary is assigned to interpret the laws.

Article V1 Section 1 of our Constitution provides: " The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum". Under a democratic system of government, only Congress is in charge of lawmaking. Under the Marcos dictatorship then President Marcos issued a lot of Presidential Decrees which have become part of the laws of our land and as a matter of fact many of  those PD's continue to  be in effect up to now.

Article V11 Section 1 of our Constitution provides: " The executive power shall be vested in the President of the Philippines." The President appoints Cabinet Secretaries of the various departments of government  that help him or her enforce or implement the various laws passed by Congress. Several of these departments belong to the pillars of the Criminal Justice System like the Department of Justice (DOJ) where the Offices of the Prosecution, the National Bureau of Investigation (NBI), the Bureau of Corrections (BUCOR) the Public attorneys' Office (PAO), among others, administratively belong.

The Department of Interior and Local Government (DILG) is another important department where the Philippine National Police (PNP) as Law Enforcers, being one of the main pillars of the Criminal Justice System also belong. The Transformative Justice Institute has added the BJMP  upon their request for said Bureau of Jail  Management Penology  to be included as  part of the Criminal Justice System. This is proper considering the fact that the BJMP takes care of detainees whose cases are not speedily disposed of by the courts and thus their basic rights to the speedy disposition of cases are violated.

Likewise, we have included the Department of Social Welfare and Development (DSWD) in the 8 pillars of the Criminal Justice System considering its programs on women, children and families. Oftentimes, victims of Violence are assisted by the DSWD who are tasked to manage crisis intervention centers in various localities.

 Those tasked in the administration of justice oftentimes encounter government workers in these three departments: DOJ, DILG, and DSWD all under the executive branch of our government. This fact is oftentimes not clearly understood by many people including court users and stakeholder. So if there are problems in Law Enforcement, Prosecution, Correction and Penology, assistance to victims of abuses, legal assistance to accused who cannot afford to pay a defense counsel, it is immediately the courts or the judiciary that is blamed.

This is not of course right. Those tasks involving law enforcement, prosecution, correction and penology among others,  belong to the executive branch of government. That is  the reason why our advocacy does not only center in judicial reform but on the transformation of the entire justice system that even includes the pillar where we all belong which is the community.

Article V111 Section 1 provides: " The judicial power shall be vested in one Supreme Court and such lower courts as may be established by law." Under the Supreme Court, we have the Sandiganbayan, the Court of Appeals, the Court of Tax Appeals, the Regional Trial Courts and the Municipal/City courts as well as the Shari'ah courts. The judiciary is principally tasked in the interpretation of the laws. The final judgments or decisions of the Supreme Court form part of the law of the land.

The Judiciary's role is mainly to hear cases and find out the facts, and apply the laws involving the set of facts brought before them. The symbol of a blindfolded lady justice holding the scale of justice projects that administration of justice is blind as to those who are involved in the various cases before the courts or the judiciary. The judges and justices should never consider on who are the personalities or the litigants involved in the various cases or their status in society. They should never be influenced by any other factor in deciding cases except to apply the set of laws to the facts established in the trial of cases.

Judges and justices should not be concerned about who are the politicians who are in power and their relationship or connection to those who are involved in cases before them. Article V111 Section 7 paragraph (3) provides: " A member of the Judiciary must be a person of proven competence, integrity, probity and independence".

Independence means one shall remain impartial all the time. No amount of ties whether blood ties, fraternity ties, political ties or friendship shall sway a judge or justice to favor a party in a case. That is the meaning of making judgments or decisions purely on the basis of the facts and the laws applicable to the cases before the courts. If a judge or a justice perceives that he cannot remain impartial due to whatever reason such as fraternity ties he or she must inhibit from handling the case.

The well loved and famous former Associate Justice of the Philippine Supreme Court, Justice J. B. L. Reyes who was the first National President of the Integrated Bar of the Philippines is often quoted for his famous motto that appears in every identification card of IBP members which states "No Master, But Law; No Guide, But Conscience, No Aim, But Justice. "

Judicial independence is very vital to the growth and development of a nation. The judiciary particularly the Supreme Court when freed from any form of influence and  merely reliant on the facts and the laws brought before them, is able to come up with truly good decisions such as the recent Supreme Court decision on the abolition of PDAF or the so called pork barrel funds by Congress.  In instances where it was reported that the Supreme Court flipped-flopped in several cases, it was pointed out to be connected with a favored lawyer and not because of the facts and the laws involving the cases.

Indeed, Congress should not be involved in implementation of projects as it is the task of the executive branch of the government. Of course we are all aware that the main reason why the practice of pork barrel fund allocation has subsisted for a very long time is precisely because of political patronage. Such practice negatively impact on the needed independence of the main branches of the government to enable them to check and balance each other which are key factors for a strong democratic system.

The functions of the three main branches of the government are very basic and clearly spelled out in the constitution. To strengthen our democratic system all the branches have to do and exercise their mandates particularly their roles on checks and balances. By failing to exercises checks and balances, democracy suffers and when it does, the usual victims are the poor, the disadvantaged and the disempowered including many women and children.

The study of the basic and fundamental law of the land, the Constitution, is a prerequisite in practically all college courses. The study of the Constitution is even tackled in High School and should even be done in grade school. The functions and roles of the three main branches of the government must be understood early in life by every Filipino so that they will be properly educated, enabled and empowered in the area of pushing and demanding for the strengthening of democracy and the rule of law.

We should all know the Preamble of the Philippine Constitution by heart. A simple review even of that preamble will show to us how far we are, as a nation, to what is ideal. There is a widespread dehumanization that we see in contrast to our aspiration of building a just and humane society.  By way of example many Filipinos subscribe to the belief that summary killings and execution is the appropriate way of dealing with criminals or even  those suspected of having committed a crime. They totally abhor human rights and the due process of law. This happens precisely because the criminal justice system is not functioning the way it should.

Further review of Articles V1, V11 and V111 of our Constitution with regard to the three main branches of the government  will clarify to us how weak are our present government institutions not because of the law but because of the intertwining culture of patriarchy, corruption and impunity in the justice system.

 We shall tackle this reality about the pervasive intertwining culture that hampers effective administration of justice and attainment of genuine democracy and the rule of law in our country in the 2nd part of our discussion on the Judicial independence. Please watch for it.

Proverbs Chapter 3 verses 21 to 24 states: " My child, do not let wisdom and understanding out of your sight, preserve sound judgment and discretion; they will be life for you, an ornament to grace your neck. Then you will go on your way in safety, and your foot will not stumble. When you lie down, your sleep will be sweet."


Dory Cruz Avisado
1-21-14





     

HEALING OF OUR NATION AND THE RULE OF LAW

The advocacy of  the Transformative Justice Institute and its allies for  the Justice and Healing approach  in  resolving cases on Domestic Violence and Sexual Harassment is gaining so much popularity. In Davao City, the Justice and Healing Teams that we trained to handle cases of Domestic Violence have given us the feedback particularly thru the Integrated Gender Development Division (IGDD) of the local government.  They report that many have started to avail of the J and H approach.

On December 12 to 15, 2013, a group of academicians connected with a State University and State College from Manila and Luzon came to Davao City to undergo a Seminar on the "Basic Concepts of Justice and Healing to Create a Sexual Harassment Free Environment ". The Commission on Higher Education (CHED) fully supports this endeavor as reflected in a CHED Memorandum.

In our trainings of Justice and Healing Teams we always emphasize the need for the doers of violence or the abusers to admit the wrongs that were done.  After acknowledging the wrongs that were done, the doers of violence or the abusers must commit that they will never to do the same again. The doers of violence or abusers then would ask for apology or forgiveness and agree to undergo psychological counseling or psychiatric treatment, if there need be.

We always emphasize the importance of the fourth requirement to undergo psychological counseling and psychiatric treatment for the purpose of correction, rehabilitation and reformation of the doers of violence or abusers, and the healing of the traumatized victims. We have many stories and experiences in Davao City which we share during trainings that led to the correction and reformation of abusers and healing of the victims. All of the trainees are fully convinced that the Justice and Healing Approach is the better way to resolve cases of  Sexual Harassment  and Domestic Violence particularly in the area of psychological and economic abuses. Even those involved in the administration of justice in the various pillars of the Criminal Justice System believe that the J and H approach should be the way to go.

Indeed the J and H approach is the way to go even for the healing of our nation. Due to both natural and human made calamities that our country experienced this year, from the Zamboanga siege, to the Bohol earthquake and the supertyphoon Yolanda, the song "Heal our Land" has once more become popular. The lyrics of the song goes:
           
                If my people will humble themselves, humble themselves and pray,
                   If they seek my face and humble themselves and turn from their wicked ways;
                              
                                              REFRAIN 1
               
                    I will hear from heaven and forgive their sins, I will hear from heaven and
                    heal their land;
                             
                                           CHORUS: 
               
                   Lord, heal our land
                   Father, heal our land
                   Hear our cry and turn our nation back to You
                   Lord, heal our land
                   Hear us Oh, Lord, and heal our land
                   Forgive our sin and heal our broken land

                  Lord, we vow our knee, we humble ourselves
                  Humble ourselves and pray
                  Lord, we seek your face and humble ourselves
                  And turn from our wicked ways

                           REFRAIN 2

                  Father in your mercy, forgive our sins
                  Father in your mercy, come heal our land

                        CHORUS

               Hear our cry and heal our broken land

 Truly, if we as a people will own and acknowledge our mistakes, commit to do away with our wrongdoings and seek forgiveness from the Almighty God and mend our ways, our God will hear our prayers and will heal our land.

We must acknowledge that many people in our country are wronged by our present system. Many people live below the poverty line and are so poor that they are not able to enjoy the basic necessities in life. Many of the poor people are victims of various forms of injustices. Many times they are robbed of what rightfully belong to them. The main culprit for this continuing situation is the intertwining culture of patriarchy, corruption and impunity in our society that has become pervasive that many people think and believe that we are a hopeless nation. This is of course not true at all.

We at the Transformative Justice Institute fully believe that our nation has a very bright future. As a people we must unceasingly demand for  what is right and just for our country in accordance with law. The people's call for the abolition of the pork barrel is one of the best examples. We thank and appreciate the Supreme Court for declaring PDAF unconstitutional. There will be very good consequences for our nation's progress and development with such decisive action. Our people are becoming more aware and vigilant on what reforms are needed to be done such as the transformation of our justice system and upholding  the Rule of Law. 

Generally, we already have very good laws in this country. The few remaining laws which are considered discriminatory or obsolete are being seriously reviewed and hopefully will be abrogated or amended soon. There will be a new Code of Crime according to the drafters from the  Department of Justice (DOJ).  Hopefully, Congress shall pass the new Code of Crime by 2015.  

 With so much dynamism taking place in our country those who are offering themselves to become political leaders need to shape up and be able to really feel the people's pulse. People are now aware that our country is very poor in the area of observance, compliance, implementation and enforcement of laws. The different institutions involved in such tasks are very weak apparently due to the prevailing culture of patronage politics. The padrino, bata-bata and the  palakasan  system which are still very pervasive is being revealed and unmasked.

 Among lawyers there are now open discussions on why our justice system particularly the judiciary is in mess. Many are blaming the abuse and misuse of fraternity ties identifying a fraternity from the top state university as the main culprit. It is shown that said fraternity is in the habit of controlling government by placing their brods in key government positions to assure that they have the right connections from all over, that includes the three main branches of the Philippine government.

There is now an on-going discussion between the Transformative Justice Institute and some leaders of the national Integrated Bar of the Philippines (IBP). There is a big chance that the IBP will lead the lawyers group in the cleansing of the Judiciary by positively responding to the call of Supreme Court Chief Justice Maria Lourdes Sereno.

With practically all sectors of the Philippine society raising their voices, demanding for change and transformation, we believe that we are now on our way and in the process of healing our nation and respecting and upholding the rule of law. By God's grace, we hope to achieve this goal soon.Padayon ta.

To all allies and friends, Merry Christmas and a Happy, Peaceful and Bright New Year !!!

Isaiah 40:31 states "Those that wait upon the Lord shall renew their strength, they shall mount up with     wings like the eagles, they shall run and not grow weary, they shall walk and not faint".

Proverbs 3: 5 and 6 states "Trust in the Lord with all your hearts and lean not unto your own understanding, in all your ways acknowledge Him and He shall direct your path."


Dory Cruz Avisado
12-23-13

JUSTICE and HEALING

In a country where the Rule of Law and the Justice System is weak, advocates for justice and peace and support groups of victims of Gender Based Violence (GBV) will not stop to seek for ways and means to achieve justice and healing for both victims and doers of violence. That is what we have committed to pursue along with Sister Josephine Bacaltos, RGS, of WOMYNET and Kaugmaran Pagpagahum Foundation , Ms. Lorna Bercilla Mandin of the Integrated Gender Development Division (IGDD) of the local government unit (LGU), Attys. Wendel E. Avisado and Arnold C. Abejaron of  Men Opposed to Violence Everywhere (MOVE Davao), Gemma C. Avisado and Rebecca P. Cruz, of the Advocacy Consultancy Counseling and Christian Teaching and Training Services Center (ACCCTTS Center) and Ethel C. Avisado, of the Transformative Justice Institute (TJI) along with our networks of friends and allies.

 While the above-named groups are  based in Davao city,  we network and link up with various groups all over the country with similar  experiences in the various pillars of the Philippine justice system. Most of us have  wide exposures in handling marital and family related cases and in assisting victims of violence including sexual harassment. 

Aware of the intertwining culture of partriarchy corruption and impunity in the justice system we cannot wait to see the much needed transformation  take place and leave both the victims and doers of violence remain helpless and unempowered in dealing with their circumstances.

We find the need to popularize alternative approaches in order to effectively deal with the various forms of violence to help families and our  communities.

While we continue to persistently advocate in transforming and strentgthening the various pillars of our criminal justice system including the judiciary, we are now proceeding with an Alternative Dispute Resolution on various cases on Domestic violence and Sexual Harassment through the Justice and Healing approach.

Being aware that the judiciary still lacks the much needed gender sensitivity and responsiveness to apply laws such as  RA 9262 or the Anti Violence Against Women and their Children Act of 2004 and RA 7877, the Anti Sexual Harassment Act, we find that identified gender sensitive and responsive members of the community can be effective facilitators in effecting Justice and Healing. Thus in Davao city, we have trained various Justice and Healing Teams for this purpose.

The Davao city experience is shared by many friends and allies like Theresa "Terret" D. Balayon, former Executive Director of the Women's Crisis Center (WCC) based in Manila. They also have stories of Justice and Healing. Terret facilitated a week of discussion about experiences on Justice and Healing in Davao city and another one in Metro Manila where I was invited as a resource person. In both seminars participants express problems they have encountered in the Philippine Justice System. Sharing of stories of miscarriages of justice, frustration of both complainants and lawyers and their support groups with regard to the court system abound.

During the November 2012 dialogue that some women's group had with the Committee on Gender Responsiveness in the Judiciary  (CGRJ), its Chairperson Associate Justice Teresita de Castro expressed support to the Justice and Healing concept presented by Terret. The family court judges who participated in that dialogue shared how they also feel battered by the number of cases they handle in their courts. They welcome effective alternative approaches in dispensing justice.

In the training of Justice and Healing Teams to handle cases of Domestic Violence involving psychological and economic abuses in Davao city, participants from the government sector particularly the  Department of Interior and Local Government (DILG), the Philippine National Police (PNP) and the City Social Services Development Office (CSSDO) expressed their deep appreciation for what they have learned especially because they did "role playing" in conducting justice and healing sessions. They all feel that this should be the way to go if we desire an effective process of handling cases of Domestic Violence, Sexual Harassment including cases of Children in conflict with law (CICL). The participant from DILG said that she will recommend that the Justice and Healing component be introduced in their trainings of the Lupong Tagapamayapa in the barangays.


The Justice and Healing Teams are made aware that one very important component of the whole process is the submission of the parties, both the victims of violence and the doers of violence to  psychological counseling or psychiatric treatment if needed.  The traumatized victims need counseling for healing while the doers of violence need to learn how to deal with anger and emotions for correction, rehabilitation and reformation. The Davao city experience shows that doers of violence can be corrected, rehabilitated and reformed. The group MR GAD, Men's Responsibility in Gender and Development was able to demonstrate this.

Counseling needs to be popularized in the Philippines considering that many persons including lawyers and judges are not keen on this,  despite the provisions in  RA 9262 in this regard. Many lawyers contend that if they allow their clients to submit for counseling it will be tantamount to admission of guilt on the part of their clients. Admittedly, there is a need to amend RA 9262 in order that issues on Domestic Violence can be better administered in the courts of law. Likewise, lawyers must realize that  the administration of justice is not just a matter of winning or losing cases. It also means helping their clients to become better persons and individuals. By doing that they are able to help transform their society where people with certain psychological issues are healed and corrected without being incarcerated.

 It is a fact that the incarceration of a member of family involved in Domestic violence results in tremendous trauma and pain especially to the children. Negative experiences of this kind inflicts more trauma to children who may end up  being involved in crimes of various forms. The punitive approach of the law is not helping create a  just and peaceful society in our country.

The very valid question that is usually raised when you push for psychological counseling or psychiatric treatment is the cost involved in paying psychologists or psychiatrists. Again, I cite the Davao city experience. The Integrated Gender Development Division of our local government unit ensures that the 5% GAD budget is properly utilized. Part of such budgetary allocation is alloted to counseling. The IGDD, is tying up with Psychological and Counseling centers in the local academe where socialized charging of fees is arranged. The IGDD is making sure that Psychologists and Psychiatrists they engage are gender sensitive and responsive. 

As we continue with our work for the transformation of the Philippine Justice System we also see transformative justice and healing taking place in our midst.

Proverbs 22: 8 says " Whoever sows injustice will reap calamity, and the rod of anger will fail".

Dory Cruz Avisado
11-29-13

WOMEN'S ACCESS TO JUSTICE

The Philippine Commission on Women (PCW) has been in the forefront in promoting women's access to justice for decades. A large number of Human Rights advocates for women and children are fully supportive of the program on access to justice. The call is becoming stronger each day, as miscarriage of justice in many cases of women and children continue to happen. The range of advocacies vary from Legislative and Policy advocacies to advocacies in countering the intertwining culture of patriarchy, corruption and impunity in the justice system, to the calls for increase in the judicial budget, judicial independence, and the creation of the regular Family Courts under RA 8369, among other things.

International bodies, being aware of the sad plight of many victims of violence against women and children (VAWC) all over the world, are doing their part in promoting women's access to justice. Aware that the Judiciary has a big role to play in this regard, the United Nations Entity for Gender Equality and Empowerment of Women (UN Women), in collaboration with the International Commission of Jurists (ICJ) and the Thailand Office of the Judiciary convened a "Judicial Colloquium on Gender Equality Jurisprudence and the Role of the Judiciary in Promoting Women's Access to Justice" last September 4 and 5, 2013, in Bangkok Thailand. I was invited to be a Resource Person on the Battered Woman Syndrome as a defense under RA 9262, during the fourth session of the colloquium.

Participants from all court levels including the Supreme Courts, legal practitioners, government institutions, judicial educators, national human rights institutions and representatives from civil society from 9 South East Asian (SEA) countries were in attendance. The 9 countries are:
                    1. Cambodia;
                    2. Indonesia ;
                    3. Laos PDR;
                    4.  Malaysia;
                    5. Myanmar;
                    6. Philippines;
                    7. Thailand;
                    8. Timor Leste; and
                    9. Vietnam

The objectives of the Judicial Colloquium are as follows:

"1. To discuss developments in gender equality jurisprudence in relation to State obligations under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, (UN CEDAW), including challenges and successful cases;

 2. To discuss the role of the judiciary in promoting women's access to justice; and

 3. To strengthen the understanding of CEDAW and its application in the context of culture and customary and traditional practices or religion among the judiciary in South East Asia".

During the 2 day colloquium in Bangkok, the Philippines was cited several times  as a country that has been (partly) compliant with CEDAW; at least in so far as Philippine laws and policies are concerned. This is indeed true, as reflected in  our policy trail from the 1987 Philippine Constitution to an array of statutes from RA 7192, the Women in Nation Building and Development Law passed in 1992, all the way to RA 9710 or the Magna Carta of Women that was passed in 2009.

 Of course, our PCW continuously leads us in advocating for the amendment of several remaining discriminatory laws against women as it presented the Women's Priority Legislative Agenda  (WPLA), before the 16th Congress which I discussed in my September 2013 article.

As we all know, there is so much weakness in the areas of application, enforcement, implementation, observance and compliance of our beautiful laws by the various institutions in our government due to the prevailing intertwining culture of patriarchy, corruption and impunity in the Philippine Justice System. As a matter of fact, the UN CEDAW expressed the problem in our Judiciary when it tackled the Rape case of Karen T. Vertido, presented by Atty. Evalyn Ursua during the 5th session of the colloquium with the topic "Gender stereotyping in rape trials".   I am glad that the head of the Philippine Judicial Academy (PHILJA) Former Supreme Court (SC) Associate Justice (AJ) Adolf Azcuna, SC AJ  Teresita Leonardo de Castro who heads the Committee on Gender Responsiveness in the Judiciary (CGRJ) and SC AJ Marvic Leonen were  in the colloquium.  The Philippine representatives were quite dynamic in all the presentations and discussions including our very own Jeannie Manipon of UN Women.

There were eleven Concluding Recommendations made by all the participants as follows:

"1. Encourage the establishment of gender equality committees within judiciaries where appropriate to monitor and support the application of gender equality principles, gender-sensitive procedures and gender-responsive practices within the judiciary.

2. Encourage the formation of a regional network of judges to promote continuing dialogue, knowledge and information sharing regarding the application of CEDAW and other international human rights treaties in judicial systems.

3. South East Asian judges should apply CEDAW and/or CEDAW obligations and Principles to domestic judicial decision making to combat and redress gender discrimination. CEDAW and its principles may be used in the following ways:
           a. as an interpretive guide
           b. to resolve ambiguity
           c. to fill gaps in domestic law
           d. as a source of definition in particular of  concepts of equality and discrimination.

4. Initial training and continuing education for judges, judicial officers from all levels of the courts, and others tasked with the administration of justice, legal practitioners, using appropriate methodologies based on collective experiences of judges and should be provided on CEDAW, its principles, and other relevant international human rights instruments and their application to all areas of law and procedure, and should be integrated into ongoing judicial education programs.

5. Judicial institutions should be encouraged to conduct gender training including focus on sexuality and sexual violence in close cooperation with civil society experts, including those working with survivors of gender-based violence and those affected by gender discrimination.

6. Judicial training programs should include progressive gender-responsive interpretations of customary and religious norms, where applicable, in close cooperation with civil society experts.

7. Dialogue should be promoted among judges, legal practitioners and legislators on the incorporation of CEDAW into national laws and their application to gender-based discrimination cases.

8. Encourage knowledge and information sharing, including through social media, on judicial decisions between judges among South East Asian countries on CEDAW and its implementation at the domestic level.

9. National and regional databases should be established on gender equality jurisprudence with translation into local languages as well as a common language where possible.

10. Amend and update or create relevant guidelines on judicial practices to protect the dignity and safety of complainants and witnesses including through non-intimidating and non-discriminatory courtroom management and use of appropriate technology to reduce secondary victimization especially in cases of sexual violence.

11. SEA judicial institutes should consult with each other on a periodic basis to exchange ideas for courses on gender training. National evidence-based research should be conducted to enhance a better understanding of judges to promote women's access to justice and gender equality".

The UN WOMEN and ICJ's project in promoting Women's Access to Justice is very vital as it can propel and expedite the national program of the Philippines on Access to Justice to be concretized through a gender sensitive and gender responsive administration of justice in cases of women and children.

 Proverbs 1:7 states: " The fear of the Lord is the beginning of knowledge; but fools despise wisdom and instruction".


Dory Cruz Avisado
10-9-13

CREATE REGULAR FAMILY COURTS

Our advocacy for the implementation of Republic Act 8369 for the creation of the regular Family Courts in the Philippines must be intensified. This has been my recurring call and challenge to those who are seeking for the transformation of the Justice System. RA 8369  passed  into law as early as October 1997. It should have been implemented as early as 1998.

While waiting for Congress to allocate the necessary funds for the implementation of RA 8369, the Supreme Court designated various Regional Trial Courts (RTC) in the country to act as Family Courts. I have personally heard many Judges complain about their designation as Acting Family Court Judges. They prefer to remain as regular RTC's.

As mentioned in my previous article,  I tendered my irrevocable resignation as RTC Judge in the year 2004, in order to be a full time advocate for the transformation of the justice system. For a period of about 5 years,  I was engaged by the Department of Justice (DOJ) and the then National Commission on the Role of Filipino Women (NCRFW), renamed Philippine Commission on Women (PCW) under RA 9710, the Magna Carta of Women, to train Prosecutors all over the country that appear before Family Courts. The 3 day training is about the Gender Sensitive Manner of Handling Cases of Women and Children. Once sensitized, the common complaint of most prosecutors is the lack of gender sensitivity and responsiveness on the part of the Family court judges before whom they regularly appear.

The criticisms against Family Court judges heightened when RA 9262, the Anti-Violence Against Women and their Children Act, took effect in March 2004. Many Family Court judges even openly criticize the law as biased against men. Clearly, they lack the needed understanding of how important that law is in order to help put a stop to abuses in intimate relations, where victims are mostly women and their children.

We are aware that the Philippine Judicial Academy (PHILJA) takes care of training Judges and Justices to become gender sensitive and responsive. Despite this, we continue to receive complaints from court users including several litigators who have given up their practice out of sheer frustration in the manner many Acting Family Court judges administer cases of women and children. There are so many narratives that project miscarriage of justice in many cases before the designated Family Courts.

Many court users speculate that the  poor performance of many Acting Family Court Judges may be directly attributable to their dislike of the positions which they were forced to accept. Many judges they say, are heard saying, they have no choice but to follow the Supreme Court directive.

In a documented narrative in Davao City, the group of Sister Josephine Bacaltos, RGS, Executive Director of WOMYNET, raised to the Supreme Court their request for the replacement of one designated Family Court Judge in Davao City. They  noted the pattern where the  Judge oftentimes asserts the reconciliation of the couple despite the physical abuse suffered by the woman petitioner and the clear provision of the law against conciliation in cases of such nature.

The Judge, when confronted with petitions for Temporary Protection Order (TPO), usually asks the woman petitioner if  she still loves her husband. When the woman says "yes", at the same time showing the bruises, etc. the Judge will berate the lawyers and scold them for breaking up families.  The Judge asserts his belief that families should remain intact at all cost.

The Judge is obviously  not aware of the Cycle of Violence and how it can lead to a Battered Woman Syndrome (BWS). Let me digress a little here to encourage everyone to watch my presentation about the BWS last September 4, 2013 in  the Judicial Colloquium on Gender Equality Jurisprudence and The Role in Promoting Women's Access to Justice, sponsored by the UN WOMEN and the International Commission of Jurists (ICJ) held in Bangkok, Thailand. Please click the video below.

Back to the issue about the importance of creating regular Family Courts. When the Acting Family Court Judge from Davao city was made to comment by the Supreme Court on the letter request for his replacement, he did not raise any objection. He liked it, albeit, he underscored that he cannot understand why there is a contention that he lacks gender sensitivity and responsiveness when he was raised by his parents with the right Filipino values.

The Judge whom we personally know to be a good person, is obviously confused considering that like many Filipinos he was raised in a culture of patriarchy that allows women to just accept their  "fate and suffer in silence because it is purely a family matter and should remain a private concern between the couple". The WOMYNET group was deeply frustrated when the Supreme court denied the replacement of the Judge despite his willingness to be replaced. Eventually, the Judge opted to avail of early retirement.

Several women's groups had a dialogue with the Committee on Gender Responsiveness in the Judiciary (CGRJ) at the Supreme Court last November 2012. There were several Family Court judges in attendance. They were all complaining how they too are battered with too many cases. We truly sympathize with their situation thus we are popularizing the Justice and Healing approach in handling cases on Domestic Violence and Sexual Harassment. But, we have to tackle this topic later.

On September 11, 2013, the Philippine Commission on Women, presented the Women's Priority Legislative Agenda (WPLA) to the 16th Congress. Chair Remmy Rikken talked about Women Making Legislative Herstory: Reliving Experiences in Upholding Women's Rights.

Executive Director Miyen Verzosa, presented the WPLA. There were about 10 Policy Briefs presented covering the following, to wit:
                  1. Extending Social Protection for Women in the Informal Sector:
                      ENACTING A MAGNA CARTA OF WORKERS IN THE INFORMAL ECONOMY;
                  2. Addressing the System of Prostitution in the Philippines, Imposing Penalties for Perpetrators and Providing Protective Measures and Support Services for Victims: ENACTING THE ANTI-PROSTITUTION LAW (AMENDING ARTICLES 202 and 341 OF THE REVISED PENAL CODE);
                  3. Addressing the Inequality in our Penal Law on Adultery and Concubinage: ENACTING THE ANTI-MARITAL INFIDELITY LAW;  
                  4. Ensuring Women's Equal Rights in Marriage and Family Relations: REPEALING THE LAW ON PREMATURE MARRIAGE;
                  5. Upholding the Right of Life and Security of Spouses and Daughters: REPEALING ARTICLE 247 OF THE REVISED PENAL CODE;
                  6. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE EXERCISE OF PARENTAL CONSENT TO MARRY AS PROVIDED FOR IN THE FAMILY CODE;
                  7. Ensuring Women's Equal Rights in Marriage and Family Relations: REMOVING INEQUALITIES IN THE ADMINISTRATION AND ENJOYMENT OF COMMUNITY PROPERTY OR CONJUGAL PARTNERSHIP UNDER THE FAMILY CODE;
                  8. Ensuring Women's Equal Rights in Marriage and Family Relations:  REMOVING INEQUALITIES IN THE EXERCISE OF PARENTAL AUTHORITY OVER THE PERSON AND LEGAL GUARDIANSHIP OVER THE PROPERTY OF COMMON CHILDREN AS PROVIDED FOR IN THE FAMILY CODE;
                  9. Recognizing Serious Physical and Sexual Abuse as Ground for Legal Separation: AMENDING THE FAMILY CODE PROVISION ON LEGAL SEPARATION;
                 10. Strengthening Law Enforcement and Protection Against Sexual Offenses: EXPANDING THE ANTI-SEXUAL HARASSMENT LAW.

As I was earlier requested by the PCW to give a Response to the presentation, I commended them for the Policy Briefs. They  researched and explained each and every item very well. The Transformative Justice Institute is fully supportive of the WPLA. In my response, I commented that so far the Philippines is one of the more progressive countries in Asia in terms of existing laws and policies for the protection of women and children.

With the presence of people from Congress in the forum who pledged to support the WPLA, the 10 proposed policies will hopefully, smoothly sail in the 16th Congress. However, I stressed the fact that while we are advanced in the area of passage of laws, we are very weak and poor in the areas of its application as well as law enforcement, implementation, observance and compliance. I mentioned about the continuing failure of our government to implement RA 8369 for the creation of the Regular Family Courts. I pointed out the tremendous miscarriage of justice going-on in many cases of women and children despite the beautiful laws already in place.

It is vital that Congress will allocate the appropriate funds for RA 8369 to be implemented. We are all aware that there is enough money in order to finally implement this law. After all in 2011, both Malacanang and Congress already sent us letters of commitment that the law for regular Family Courts  will already be implemented.

 I appreciate Congresswoman Estrellita Suansing who promised to look into this matter, last September 11, 2013.

Proverbs 28:5 states that "Evil persons do not understand justice, but those who seek the Lord, understand it fully".

 

 Click the video to watch my presentation on the Battered Woman Syndrome

 

THE FILIPINO SPIRIT

The long suffering Filipino (Ang Matiising Pilipino) is rising again (bumabangon muli). Twenty seven years ago, in 1986, the People Power toppled the dictatorship of then President Ferdinand E. Marcos.  Three years before that, on August 21, 1983, former Senator, Benigno "Ninoy" Aquino, Jr., was murdered when he returned to the Philippines to push for the needed government transformation. The death of Ninoy triggered the rage of the long suffering Filipino nation who started to yell and scream "Sobra Na..Tama Na", this is too much, Enough !!!

The wave of change was inevitable and in God's perfect time it happened. The Filipinos demonstrated to the world that a bloodless revolution is possible. The Filipino People Power revolution in 1986, is being hailed all over the world, and continue to be cited as a good model in peacefully changing a bad government.

President Corazon "Cory" Aquino facilitated the restoration of democracy and the passage of the 1987 Philippine Constitution, which was overwhelmingly ratified by the Filipino people. However, the absolute compliance, observance, enforcement and implementation of the Philippine Constitution is still not in place after twenty seven long years due to the continuing failure of government to properly respect and uphold the Rule of Law.

The 1987 Philippine Constitution clearly provides that the sovereign Filipino people with the aid of Almighty God, desire the following:

                      1. Build a just and humane society;

                      2. Establish a government that shall embody our ideals and aspirations;

                      3. Promote the common good;

                      4. Conserve and develop our patrimony; and

                      5. Secure to ourselves and our posterity the blessings of:

                                 5.1. Independence and democracy under the Rule of Law; and

                                 5.2. A regime of truth, justice, freedom, love, equality, and peace.

What the Filipinos desire as expressed in the Preamble of the Philippine Constitution, is still so very far from our present reality.  There is still so much poverty. There are so many women and children who continue to suffer. Criminal activities abound and remain unabated. Many government institutions are not able to function in accordance with their mandates. Clearly, there is a breakdown of law and order. The rule of law is far from being upheld or respected up to now, despite the fact that we have a President who is perceived to be more sincere than his predecessor. Admittedly, the past administration under President Gloria Macapagal Arroyo, heightened the intertwining culture of patriarchy, corruption and impunity that is still so pervasive in our midst today.

The long suffering Filipinos are rising again. This time, the call is to stop all forms of abuses and corruption in government.  The Filipinos are now wiser and more discerning. The freedom of the press and freedom of expression pave the way for people to know exactly what is happening to the the government albeit, it takes some time and some whistleblowers to come out before a grandiose anomaly can be exposed. The system of governance especially in the aspect of budgeting is so broken that the taxpayers money are not properly used in achieving what we really desire for our country.

We now all know that patronage politics is principally the main culprit why political leaders do not honor the Constitution that will ensure checks and balances between and among all the three branches of our government.  Our country still do not enjoy genuine democracy because of the propensity of those holding positions of power in the  three branches of the government to co-opt each other. Co-optation is facilitated thru the abuse and misuse of the money which we conscientiously pay to our government. It is all about money and power for many of them. Money talks.

The ouster of the dictator did not result in the transformation needed for our country to advance and develop as desired because the justice system is so dysfunctional that many of those who only love power and money and who were highly instrumental in corrupting the system remain unpunished. The huge amount of money robbed from the Filipinos by previous political leaders is perceived to be the main source of what is being used to bribe those in the judiciary. Many of those political leaders or members of their families are able to cling to positions in government that enable them to continue to corrupt the system. Worse, many of those who participated in the People Power revolution in 1986, when given positions of power also became abusive and corrupt. 

The pork barrel, in whatever name or label it is called is a tool used to coopt those in different institutions of government,  including the voters. The money used in vote buying is also the money of the taxpayers. That is why, every Filipino has a right to demand from our government to stop the anomalous practice of pork barrel allocation.

We are aware that President Noynoy Aquino have some important pieces of legislations which he likes Congress to pass, such as the Basic Law for the Bangsamoro.We perceived that this could be the main reason why he vacillated in the first wave of call for the abolition of the pork barrel. But upon hearing the rising voices of the Filipinos all over the country, PNOY, who somehow remains sensitive to serve his 'bosses' changed his stand and conceded the need for the abolition of the pork barrel although it is not totally geared towards creating the needed atmosphere that will strengthen the  independence of the three branches of the government and enhancing its roles for checks and balances.

PNOY must trust his 'bosses'. The Filipinos will respond to his call for support so that Congress will respond to the needed passage of the Basic Law for the Bangsamoro and other pieces of legislations like the FOI, which he can leave as legacy in creating a genuine democracy in accordance with the Philippine Constitution. 

PNOY committed to us that he will ensure that there will be Reform in the Justice System during his term. As long time advocates, we continue to hope that substantial changes will truly happen. Budget is an important component for the reforms needed. By way of example, the Transformative Justice Institute (TJI), is popularizing the call for additional budget to be allocated for the National Bureau of Investigation (NBI).

We have noted that the NBI, under the Department of Justice (DOJ), is doing a lot of good in the area of investigating bigtime syndicates including those where police officials and other powerful people like politicians and other well connected personalities are involved. While there are several bad elements within that institution, we know of so many others who are dedicated to do their duties to God and country. They need the right budgetary support from the government so that they can perform their duties and responsibilities well. They are in need of good vehicles and other equipments in pursuing the powerful and well connected criminal elements in our society.  Among the law enforcers, the NBI, is the more trusted arm of the government.

Without the pork barrel, Judicial Budget can easily increase. Our long running call as advocates in transforming the justice system fully supported by the ACCCTTS Center, the Transformative Justice Institute, the WOMYNET, the National Movement for Transformative Justice, the Lawyers/Laypersons for Ethical Administration of Philippine Justice ( LEAP Justice) and the National Advocacy Commission of the Catholic Educational of the Philippines (NAC CEAP); is for the increase of Judicial Budget  to no less than 2.5% of the national budget. As it is today, the Judicial budget is only within the periphery of about 1% of the national budget, which is partly the reason why we have such miserable situation in the judiciary. This situation also partly impacts on the independence of the judiciary.

The judiciary must be able to operate independently. It must be freed fom political patronage. It must be able to enjoy fiscal autonomy. With a budget of about 2.5% of the national budget, it can transform and develop towards the right direction as it observes the tenets of Accountability, Responsibility and Transparency in its use of its judicial budget.

Among the many  things needed to pursue Judicial Reform, is the implementation of RA 8369, for the creation of regular Family Courts in the Philippines. This is a sixteen year old law which has not been implemented due to failure of Congress to appropriate the necessary budget. Many people suffer because the present Family Courts are not the ones designed to function as such. There are so many complaints about the present Family courts in the country that are instrumental in the miscarriages of justice in marital and family related cases and cases of women and children. The truth is that  many of the judges, whose courts used to be regular Regional Trial Courts but were arbitrarily designated by the Supreme Court as Family Courts, are not  happy with such designations. I will expound further about the Family Courts issue in my next articles.

Twenty seven years after the People Power revolution, here we are, the Filipinos, more confident and straightforward in what we like. We like and assert that government must fully abide and comply with our Constitution. It must uphold and respect the Rule of Law at all times.

Pork barrel allocation is not constitutional. It must be totally abolished.

We must now endeavor to make the three branches of our government function in accordance with their constitutional mandates. Congress must legislate. It is tasked to make laws. The Executive branch of the government must implement and enforce the laws. It must be responsible in the implementation of all the programs and projects of the government. The Judiciary is tasked to interpret the laws.

The Filipinos rising against corruption and the  abusive use of the people's money will propel and expedite the much needed reforms in government including the reform of the justice system.

I remain confident that PNOY and  majority of our political leaders will listen, and listen well to their bosses. They should seize the moment. STOP NOW  all forms of abuses, corruption and anomalies in government and be part of the generation that  will pave the way for the realization of our aspirations expressed in the Preamble of the Philippine Constitution.  

HAIL to the indomitable Filipino spirit !!!!

Jesus said " For what will it profit a person if s/he gains the whole world and loses her/his soul? or what will a person give in exchange for her/his soul? ( Matthew 16:26);

        

"No one can serve two masters; for either s/he will love the one and hate the other, or s/he will be devoted to one and despise the other. You cannot serve God and wealth." (Matthew 6:24).

Dory Cruz Avisado

8-28-13