KEY FACTORS FOR JUDICIAL REFORM (Part 2)

Advocates of Judicial Reform are very happy to note that the Supreme Court is trying its best to come up with “doable programs” that will strengthen the process of case disposal.

Recently, the Supreme Court issued new Rules to decongest jails by upholding the right to bail. The news indicates that the Rules “adopted by the full court on March 15, 2014 shall apply to persons currently under detention awaiting trial. The high court justices said they recognized the need to effectively implement existing policies laid down by the Constitution, the laws and the rules respecting an accused’s right to bail and a speedy trial in the context of decongesting our detention jails and humanizing the condition of detained persons pending the hearing of their cases”.

The Transformative Justice Institute (TJI) and its allies have been repeatedly tackling this issue on jail congestion and we certainly hope that this new Rules by the Supreme Court can attain its objective. The TJI, Justice Advocates and Court Observers Anchorpersons (JACOA), and its allies will continue to monitor this concern.

The other concern that TJI volunteer monitors will keep their eyes on, along with members of JACOA and its allies, is the effectiveness of the E Subpoena System that the Supreme Court, the Department of Justice (DOJ) and the Department of Interior and Local Government (DILG) for the Philippine National Police (PNP), launched just last month.

Some of the questions being raised this early by members of TJI, JACOA and its allies are, “ Will the E Subpoena System result in reducing the number of cases set daily in the trial courts’ calendars; and Will the courts now refrain from its very bad practice of setting and scheduling up to about 60 cases in the calendar of the courts only to postpone practically all of those cases except for about two or most three cases which can be actually heard or tried on a particular day?”

Indeed, our court watchers find this development on the E Subpoena System very interesting. For sure within the next six months or by the end of 2014, we shall write the feedback that TJI will get from the field.

While advocates of judicial reform are happy with certain developments as noted above, we wonder when will the Philippine government confront the root causes of the problems of the Judiciary. As I have written extensively about these concerns in the books, “Intertwining Culture of Patriarchy, Corruption and Impunity” and JAJA, Justice for Arbet, Justice for All”, many academicians, church based groups and other NGOs and civil society sectors including the government agencies concerned have become aware about such root causes. Lawyers among the professional groups are of course very much aware about them and many of us have joined hands in facing the various concerns head on. Many of us are now repeatedly quoting Micah 6:8 from the Bible: “What does the Lord require of you? But to Act Justly, to Love Mercy and to Walk Humbly with God”.

Many are asking why are we not successful after decades of advocating for Judicial Reform and Development?  The biggest problem lies in the continuing failure of many of those holding powerful and decision making positions like public officials to do “truth telling” and face the root causes head on, so that appropriate solutions and remedies can be made in order for our country to attain genuine Judicial Reform and Development.

POLITICAL PATRONAGE and FRATERNITY/SORORITY TIES

In a graph in the book Intertwining Culture of Patriarchy Corruption and Impunity, I illustrated how the Judiciary is trapped by dirty politics and dirty politicians that make the Judiciary as a very weak institution. Unless and until this very important area of concern becomes a focus of judicial reform and development we cannot succeed in the much needed transformation.

What we call political patronage that destroys the justice system is manifested in many forms. We will try to tackle some of the most pervasive and destructive types one by one as we share some stories of how patronage leads to tremendous miscarriages of justice in our country.

Let us start with campus politics in law schools in the Philippines and the misuse and abuse of fraternity ties.

Fraternities and sororities in law schools in the Philippines are supposedly organized in order for law students to have support groups that can encourage them in their law studies and eventually help them in their bar examinations thru the “Bar Ops” or bar operations. This objective is quite  noble as brods or sis in the fraternity or sorority can help make the study of law and preparation for the bar examinations a little bit lighter and bearable. Due to camaraderie and the sense of belonging there can be much fun to be part of fraternities or sororities.

Recruitment of fraternity and sorority members usually take place at the start of the first semester. The usual targets are first year law students or transferees. Decades ago, I was invited to attend a briefing of one fraternity/sorority during my first year in the college of law. I was not enticed to join despite the persistent follow up of the one assigned to recruit me. That early I was turned off with what I heard, which was part of the sales pitch of the group. They invited lawyer brods and sis who talked about the advantage of belonging to their group. They stressed and emphasized that even as legal practitioners they are at an advantage given their fraternity/sorority ties. I already sensed that there is something not right in the tie that binds the group.

Much later, I observed that the sad part about some fraternities/sororities is when some of their members act like criminal syndicates that eventually conspire to use the fraternity or sorority ties in fixing cases. It is very sad when lawyers themselves totally disregard the Rule of Law. Lawyers do not only conspire among themselves. It is obvious that they also conspire with brods and sis in the Judiciary or other quasi-judicial bodies.

Many lawyers totally forget or disregard what the First National President of the Integrated Bar of the Philippines (IBP),  Justice J.B.L. Reyes, eloquently said: that as lawyers we have “No Master, But Law; No Guide But Conscience; No Aim but Justice”.

The narratives I am sharing here are confessions made by fraternity members themselves during our “truth telling” sessions:

Some members of one of the most famous law school fraternities in Metro Manila, in key informant interviews, admit  that leaders of their fraternity deliberately agree for brods to be placed in strategic positions in government. They have members who are with the Offices of the Ombudsman, the Solicitor General,   the Prosecutors Office, and even constitutional bodies like the COMELEC. They have brods who are judges or justices and who serve as hearing officers in other quasi-judicial bodies including the National Labor Relations Commission (NLRC) and so many others.  They also have members with whom they can easily connect in Congress as well as various agencies in the Executive branch of the government. They are well entrenched.

They agree that many of them misuse and abuse their fraternity ties to be able to win favors for their clients. They are aware that such practices are unethical and impact the administration of justice and the Rule of Law. They agree to the process of “truth telling” as they strongly feel that changes need to transpire for the sake of our beloved country and the Filipino nation.

In Mindanao, fraternity and allied sorority members shared in detail how their sister, who holds a high ranking position in the judiciary, even acts like the “Mafia Boss” in fixing cases. There is a well known story where a son of one of their brods was reported to have caused the rape slay of a young student. In the end, the driver of the popular brod became the fall guy and is the one serving sentence for the crime of rape with homicide. The driver is so privileged that even after conviction, he was not confined in the BUCOR facilities for a long time. He remains in the city jail and is fully given financial support by the family of the son of the powerful fraternity member.

Many lawyers are now feeling guilty, uneasy, and uncomfortable about the present state of the justice system. That kind of feeling is a good start for change to take place in the hearts and minds of lawyers. We just need a critical mass to demand for the needed change.

Here are some suggestions on how can change take place to stop the misuse and abuse of fraternity ties:

1

     There should be a nationwide and open discussion among lawyers about this very dark situation that impact the life of our nation:

             1. Lawyers should be in the forefront in working for DEVS, Development for Enrichment of Values and Spirituality;

             2. The law schools all over the country must purposively tackle this concern and find ways and means on how can they influence their law school fraternities to  stick to the noble objective of camaraderie and friendship, helping one another to do well in law schools and bar examinations without defying the Rule of Law or doing any illegal and anomalous acts; and

            3.  For all other sectors both in government and the civil society including the religious groups to speak openly about this situation and to encourage those administering justice to do massive “truth telling” as a way of confessing the sins of the lawyers in the Philippines both in the government and the privates sectors.   

Next month, we will continue to share more stories on political patronage and suggestions on how to stop the same.

The book of Proverbs Chapter 3 verses 5 and 6 states: “ Trust in the Lord with all your heart and lean not unto your own understanding, in all your ways acknowledge Him and He shall direct your paths”.

Dory Cruz Avisado

5-14-14   

KEY FACTORS FOR JUDICIAL REFORM (Part 1)

The Transformative Justice institute (TJI) has been pursuing several concrete steps that can lead to a transformed justice system including Judicial Reform. As long time advocates, we are quite happy to note  the widespread awareness that various sectors of the Philippine society now demonstrate as can be gleaned from their reactions to news reports and stories involving court cases. Thanks be to God, I can see even just very few progress between how things were in 2004 for instance, and 2014.

Many people have become more courageous to point out various injustices that they see. This is a good sign that more Filipinos are getting empowered. I needed to start with this positive note because we continue to receive stories that reinforce the prevailing intertwining culture of patriarchy, corruption and impunity in the justice system.

The latest story shared to me is so horrible that I cannot believe that  despite the effort of the present administration to pursue some needed reforms,  violators of the laws are totally unafraid and unmindful in continuing to buy justice. What is grossly horrible is that some of those in positions of power continue to sell.

Truly DEVS or Development thru Enrichment of Values and Spirituality must be the primordial program that both churches and state must pursue along with all sectors of the community for the tide to change. We really have to storm heaven for God to help instill the fear in the hearts and minds of those who continue to defy the Rule of Law. It would also help if we popularize the teachings of Jesus our Lord and King who says:

"Do not store up for yourselves treasures on earth, where moth and rust destroy, and where thieves break in and steal. But store up for yourselves treasures in heaven, where neither moth nor rust destroys, and where thieves do not break in or steal. For where your treasure is, there your heart will be also." (Matthew Chapter 6 verses 19 to 21 of the Holy Bible).

Further, in Matthew 6 verse 24, Jesus says: “No one can serve two masters; for either he will hate the one and love the other, or he will be devoted to one and despise the other. You cannot serve God and wealth”. (NASB version) 

I received a good number of response thru my email involving the two preceding  articles I wrote about the realities in the judiciary posted for the months of February and March, 2014. I am deeply encouraged even by those who silently support our call for Ethical Administration of Justice in the Philippines. I fully believe that for as long as we persist with our demands for judicial reform, things can turn around.

We have noted that many people including the influential media personalities are now more open to discuss the justice system and are trying their best to explain to their audience or readers how a case progress or flow. Many have become bold and question why certain decisions from the court ended up one way or the other. Reading posts from netizens who comment or react to certain news items or commentaries involving cases in courts reveal that more and more people are demanding from the government to do something concrete to truly transform the justice system, and particularly pursue judicial reform. We encourage fellow advocates to push for more  concrete recommendations on how to pursue the needed reforms apart from just giving constructive criticisms.

Here are some key factors that can lead to Judicial Reform:

JUDICIAL BUDGET

For the 1^st part of this series I would like to discuss the need to increase judicial budget. The 1987 Philippine Constitution provides under Article V111 Section 3, the following:

" The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released ".

As a development worker and advocate, I have noted that budgetary control, has become an instrument, of many of those both in the Executive and Legislative branches of the government, to influence many Judges and Justices decide cases in their favor or in favor of their allies, in defiance of the Rule of Law. The very sad state of the Judiciary is also primarily caused by the dirty politics which is so prevalent in this country.

Many dirty politicians would not like for any transformation or judicial reform to take place. An independent judiciary is anathema to them. Thus, it is not surprising that despite decades of advocacy for increase in judicial budget the same has not been favorably acted upon by our country’s political leaders. The miniscule budget of the 3^rd branch of the national government which is only within the periphery of 2% of the entire national budget could not give the much needed budgetary support to improve the judicial system.

The Transformative Justice Institute and other advocates have been pushing for the longest time for the Judicial Budget to be increased to 4 to 5% of the national budget and for the Judiciary to be allowed to enjoy fiscal autonomy in accordance with the above-quoted provision of the Constitution. Along this line, as advocates we have also been pushing for the Judiciary particularly the Supreme Court to be more transparent in its accounting and auditing system for all the funds that come its way, including the Judiciary Development Funds (JDF).

Due to the shortage in the Judicial Budget many laws designed to improve the Judiciary remain unimplemented including RA 8369, which took effect in 1997 or 17 long years ago. This law mandates the Creation of the Regular Family Courts.

Some people within the Judiciary justify the need to increase Judicial Budget asserting that the low pay of judges and justices further weakens the already weak values of many of them thus they become corrupt. Personally, I am not inclined to believe this considering my observation that many of those in the Judiciary who are quite wealthy are known to be corrupt while others who are not as well off are perceived to be upright. In my observation, those who succumb to corruption are those who appear to be lost, like prodigal children and are unmindful of the values that are taught to us especially by the one whom we call our Lord and Master. It is a choice between God and wealth as shown in the words of Jesus. 

Many marital and family related cases are pending with the designated Regional Trial Courts (RTCs) as Family Courts, which are really overwhelmed due to sheer number of pending cases. Consequently, so many other cases like drug related cases further congest the courts’ dockets. One branch of the RTC in Davao city handling drugs cases now calendar 50 to 60 cases daily. The city jail with dehumanizing conditions further gets congested with the rising number of inmates and the very slow pace of case disposal. Solving this problem must be the number one priority of the Judiciary; not salary increase. After all, Justices and Judges have now decent salary scale compared to other government employees. Salary increases can come later but that should also benefit other court employees and personnel.

The inability of the national government to properly provide for the appropriate budgetary allocation for the Judiciary results in another anomalous situation that impacts on judicial independence. This is where the local government units (LGUs) provide for various kinds of support to the local courts from monetary allowances for judges and assignment of LGU paid employees to serve as court personnel to different branches of the local courts.

It is a known fact that many LGUs have pending cases before local courts. Some judges are forced to accommodate requests from local government officials involving cases before them because they need to seek favor from the local political leaders. In one LGU in the Visayas, the political leader withheld the allowance of one judge who decided against the LGU. Very few of the other judges, who sympathized with the Judge, who acted in accordance with the facts and the law on the matter, offered to give back their allowances. Others did not.  

With the pork barrel funds now declared unconstitutional,we expect that the people’s money can be put to better use. Our government must be sincere in fulfilling its promised program on Judicial Reform. Government must increase the Judicial Budget to about 4 to 5% of the national budget and fully implement  laws like RA 8369 by creating regular Family Courts, among others.

The Judiciary, particularly the Supreme Court must be judicious in its use of the funds and ensure that local courts are given the right funding to properly finance its needs. This is where the RCAO, the Regional Court Administration Office also becomes vital.

We shall tackle for our next article as a key factor for Judicial Reform, the need to free the Judiciary from political patronage. 

      

Here are some more teachings from Jesus the Christ that can help guide all of us in our day to day living:

“Enter through the narrow gate; for the gate is wide and the way is broad that leads to destruction , and there are many who enter through it. For the gate is small and the way is narrow that leads to life, and there are few who find it” (Matthew 7:13 to 14); and

“For what will it profit the persons if they gain the whole world yet lose their souls?” (Matthew 16:26).

Dory Cruz Avisado

4-26-14

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

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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