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

There are plenty of horror stories which I personally experienced involving the state of the Judiciary. Many of the stories impact judicial independence and democracy.

As an insider advocate for judicial reform I found it really disgusting to hear a Deputy Court Administrator from the Supreme Court tell me in a dialogue in April 2003, that I can no longer do advocacy work because I am no longer with the NGO.

My passion for transformation of the justice system and particularly judicial reform has a long history that started even when I was still a young lawyer.

In 1983 I was appointed as Branch Clerk of Court of Regional Trial Court Branch 9 in Davao City. Former President Ferdinand Marcos was still in power. For the two and one half years that I worked as Branch Clerk I witnessed how high ranking military officials as well as Ministers from the Executive Branch of the government tried to influence the decisions of our Judge especially in cases involving subversion, sedition or rebellion.

As a young lawyer I detested what was happening in the institution where I belong. My disgust oftentimes manifested as I conducted my classes at the Ateneo College of Law in Davao City. One weekend during the third week of February 1986, my Judge invited our family for lunch at his residence. He told me and my husband, Wendel, that the Minister of Justice called his attention. He was told that unknown to me an intelligence officer was enrolled in my classes and I was included in the NICA list due to my negative inputs regarding constitutional authoritarianism or the dictatorship. On the other hand, Wendel was likewise on the watch because while he was employed by the Philippine National Bank (PNB) he was spotted to join discussions and movements averse to the Marcos rule. Most officials from the PNB at that time were already angry with the Marcos administration. Freedom of speech and expression were suppressed.

In order not to place my Judge, who is like a father to us, in a compromising situation I volunteered to resign. When I was about to tender my resignation letter during the first working day of the last week of February 1986, my Judge prevailed upon me not to proceed because the People Power Revolution is already taking place. However since my heart was already set and on fire to do private practice of law and  advocacy work to help strengthen the justice system and particularly press for judicial independence, I proceeded with my resignation in May 1986. Despite the many opportunities for me to be appointed to good and high ranking positions in government at that time I chose to be part of the Private Sector. I worked very closely with Social Development NGOs.

I vowed to strongly advocate for Judicial Reform. I took active part in deliberations of our Regional Development Council, RDC X1. With NEDA serving as the Secretariat, its Regional Director Santiago “Santi” Enginco one day told me that he was able to successfully push for the inclusion in the Medium Term Philippine Development Plan (MTPDP) under the new administration of President Corazon Aquino, what I have been repeatedly saying in our meetings and that is Reform of the Justice System. That was an initial victory for us. 

For about 14 years I was actively involved in developmental law and feminist lawyering. Our group, the Paglilingkod Batas Pangkapatiran Foundation Incorporated (PBPFI), was one of the pioneers of the Alternative Law Groups (ALG). I became actively involved in Human Rights advocacy as well as pursuit of Gender and Development (GAD). 

When the ALG succeeded in partnering with the Supreme Court and the United Nations Development Program (UNDP) for the Blueprint of Action for the Judiciary in 1998, Chief Justice Hilario G. Davide, Jr. called for more women to join the Judiciary. I responded to the call thinking that I can help better in pushing for judicial reform as an insider advocate.

I was particularly keen on ensuring that the Judiciary will become Gender Sensitive and Responsive so that cases on women and girl-children can be better administered. I also like to take active part in the program called “Enhancing the Communication Between the Judiciary and the Citizenry”.

In August 1999, I started to serve as the Presiding Judge of RTC 9, the same court where I worked as Branch Clerk in 1983 to 1986. The Blueprint of Action for the Judiciary was launched in February 2000. I was tasked to be a Reactor. In the presence of the Supreme Court Justices sitting en banc I expressed my hope that the dark days of martial is truly over and the Judiciary can now assert to function independently. 

As a Judge I saw that when one asserts and demonstrates leadership in the administration of justice, cases can be disposed of speedily. I became a recipient of multiple awards from all the three main branches of the government. The Supreme Court during its centenary celebrations in June 2001 gave me a Special Award for Transparency and Advocacy of Judicial Reform. The DILG with the NDEP and PDEA for two years in a row in 2002 and 2003 awarded me for Speedy Disposition of Cases. Congress in 2003, through the Oversight Committees of the House of the Representatives and Senate awarded me and my court for the Pro-Active measures in the Administration of Justice particularly as a Special Drugs Court.

Since only RTC 9 was designated as the sole Special Drugs Court in Davao city when the new law, RA 9165 the Comprehensive Dangerous Drugs Act of 2002, took effect, I requested the Supreme Court to designate an additional drugs court. I indicated in my request the fact that due to the volume of cases coming in at RTC 9 we needed to work overtime. Some of our staff and court personnel are already starting to have serious health issues. Our Court Interpreter had a mild heart attack while one of the stenographers had a stroke due to hypertension.

The volume of cases in Davao City with a population at that time of about 1.4 million people was huge. Cagayan de Oro City at that time with only half of Davao City’s population already had more that one drugs court. They attributed this to the fact that one of our incumbent Senators is from Cagayan de Oro city.

My legitimate request for additional drugs court was denied apparently because of my strong advocacy for the Judiciary’s observance of RA 7877, the Anti-Sexual Harassment Law. In one case where a court stenographer complained of being sexually harassed by her Judge a Committee on Decorum and Investigation (CODI) should have been created. Due to fraternity and friendly ties of the respondent judge with the Supreme Court Administrator at that time, the Stenographers asked the Court Administrator to inhibit from hearing the case.

Two pink documents were received at the RTC 9 on February 28, 2004. One document denied my request for additional drugs court while the other indicated the need for the Supreme Court Administrator to comment on the motion for him to inhibit from hearing the Sexual Harassment Case. The two pink papers from the Supreme Court were clear messages to me to tender my irrevocable resignation as Regional Trial Judge which I did effective March 1, 2004, to pursue my advocacy for Judicial Reform as an outsider advocate.

Those two pink letters from the Supreme Court brought a very clear message to me. It was sort of saying: “If you continue to advice the court stenographer about the complaint on Sexual Harassment, we will make life difficult for you by denying your requests including very important and valid ones like an additional drugs court. We have the power, so abide with the pakikisama system”. The respondent Judge in the complaint against sexual harassment is a fraternity brother and close friend of the Supreme Court Administrator at that time. I believe that the Holy Spirit led me to resign precisely due to these types of situations in the Judiciary that badly need reform in order for the Rule of Law and Ethical Administration of Justice to be upheld.

On the day I wrote my resignation letter on February 28, 2004, our family decided to establish the ACCCTTS Center, which is a self-funded ministry to carry various programs including DEVS, Development thru Enrichment of Values and Spirituality, which we have been doing for quite some time, and focus in transforming the justice system.

On March 1, 2004, we launched the Transformative Justice Institute (TJI), now on its 10^th year of existence.

While some people were very happy with my advocacy, many were not. Some of those who became supportive of our cause organized JACOA, the Justice Advocates and Court Observers Anchorpersons. As judicial insiders they continue to relate with us matters which are vital points to consider in our advocacy in transforming the justice system. The TJI has continuing dialogue with them.

Most of those resisting judicial transformation are high ranking officials of the judiciary. This story depicts one situation. In a dialogue called for the purpose of discussing the issue raised by the lawyers regarding irregularities in raffling of cases in Davao city, one Deputy Court Administrator (DCA) questioned me on why do I continue with my “advocacy” when I am no longer with the NGOs.  I explained what the lawyers told me and Sister Josephine Bacaltos, RGS, a good shepherd nun, regarding their fears in filing administrative cases against the Executive Judge.

The lawyers merely wanted to put a stop to the anomalous and irregular practices. The DCA, who is well known to be a close friend of the Executive Judge and Clerk of Court started to bash my advocacy telling me “Dory, you are no longer with the NGOs. You should no longer do advocacy work.”  I asked politely if the Supreme Court already abandoned its program on Enhancing the Communication Between the Judiciary and the Citizenry. The DCA admitted it is still there.

After a while, the Integrated Bar of the Philippines, IBP, Davao city chapter called for a dialogue questioning my advocacy work. When I pointed out that the Supreme Court itself gave me a Special Award for Transparency and Advocacy for Judicial Reform during its centenary celebrations, they terminated the dialogue. I recall that only one other Judge asked the IBP to support my advocacy.

Apparently, those who were tasked to implement the Blueprint of Action with good programs such as Enhancing the Communication Between the Judiciary and the Citizenry had great difficulty in implementing the same. The resistance for change by many Judicial officials themselves was very strong. If such program launched by the Supreme Court 14 years ago was properly implemented the state of the Judiciary would be different now.

Of the many other horror stories that continue to come our way nothing can be more horrible than the case of Atty. Arbet Sta. Ana Yongco. In 2010 we launched the book entitled: JAJA, Justice for Arbet, Justice for All. Such book was simultaneously launched with two other books I wrote one of which bears the title: Intertwining Culture of Patriarchy Corruption and Impunity (Journey in Advocacy for the Transformation of the Justice System).

The story of Arbet shows how dirty politics is played in our country and how the judiciary can be used by dirty politicians in their desire to stay in power. The saddest part of the story is when high ranking officials from the Judiciary allow themselves to be used in pressuring other court officials like judges to give in to their demands. The story of Arbet depicts the very sad state of the Judiciary which up to now is not being given enough attention by our government.

On June 2, 2004, a close family friend, who is a high ranking official from the military accompanied us, Arbet and I, to talk with a well-known Catholic Church Leader to seek for help in the much needed judicial reform.  

In our presence, Arbet shared that a Judge in Cebu City revealed to her that there is no hope that her Motion for Reconsideration to cancel the earlier order of another branch of the court, allowing bail to Ruben Ecleo, Jr., will be granted. The Judge according to Arbet revealed that they are aware that a high ranking Supreme Court official, ordered the Judge to grant the bail due to pressures from Malacanang Palace. So the judge granted bail. The Catholic Church leader has apparently received more reports about the Judiciary of the same sort. Anyway, he promised to talk with the Chief Justice and even with the President at that time.

Arbet who persisted in fighting for the cancelation of Ecleo’s bail was murdered right in her own home on October 11, 2004 by one of the followers of Ruben Ecleo, Jr. I have to talk with Cebu City judges after Arbet was brutally murdered. They confirmed Arbet’s story as extensively told in the book I wrote entitled: JAJA, Justice for Arbet, Justice for All.

It has become a pattern for politicians to use even the courts to attain what they want just to hold on to positions of power. Such continuing attack to judicial independence do happen a lot because Judges and Justices themselves allow it to be so. The lawyers and the entire Integrated Bar of the Philippines allow it to be so.

Many are saying that the situation in the Judiciary is irreversible. That this reality will just go on and on. I always disagree with this contention. There are specific things that can be done to reverse and fully transform the present system.

Parts 3 and 4 of our discussion on Judicial Independence will tackle recommendations on what should be done.

Many people are amazed why we seem not to lose hope and not get tired at all in our long running advocacy to transform the justice system which to them appear hopeless.  I always say that we should never give up for the sake of our one and only beloved country and our people. 

 Isaiah 40:31 states:

“Yet those who wait upon the Lord

Will renew their strength;

They will mount up with wings like the eagles,

They will run and not grow weary.

They walk and not become faint.”

The Lord has been teaching us to wait, as we are granted patience,  perseverance and strength in our journey in transforming the justice system with much love and joyfulness in our hearts. After all our motto is “Serving our God and our country.” As always we say, to God be the glory. Padayon ta.

Dory Cruz Avisado

 3-1-2014

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