CONTINUING STATE VIOLENCE

It is horrendous. This is my immediate reaction after reading the Resolution issued by the City Prosecution Office from a highly urbanized city in Mindanao. A copy of that resolution was emailed to me by the victim herself, who is also a lawyer. She expressed the kind of pain she now feels when the Prosecutor dismissed several charges of violation of RA 9262, Anti-Violence Against Women and their Children Act, which she filed against a man with whom she had intimate relations few years ago.

Many advocates who have been working with us for decades now, cannot believe that what happened decades ago still do happen or recur these days  with the Prosecution Office considering that the Department of Justice (DOJ) has been in the forefront in promoting Gender Sensitivity and Responsiveness in the justice system.

Among the 8 pillars of the Criminal Justice System that the Transformative Justice Institute continuously monitor, the Judiciary or the court is by far perceived to be  the most resistant to transformation. The perception of the prevalance of the  intertwining culture of patriarchy, corruption and impunity in the pillars of  justice particularly in the judiciary can be clearly perceived by many Filipinos nowadays.

Many citizens are already openly talking about the much needed judicial reform. Many more lawyers and laypersons have become bold in their complaints. We can see this in the very encouraging growth of the LEAP JUSTICE, or Lawyers/Laypersons for Ethical Administration of the Philippine Justice.

Despite the change in leadership of the Judiciary due to the impeachment of former Supreme Court Chief Justice Renato Corona and the appointment of Chief Justice Maria Lourdes Sereno, the much needed judicial reform is unable to take place obviously because of the great divide within the Supreme Court. Many Filipinos continue to suffer because of the present state of the Judiciary.

The resistance for change to take place in the courts is understandable because the judiciary as a third branch of the Philippine government can always invoke independence from the other two branches  of government, the Executive and Legislative branches who are headed by politicians. While we know that the judiciary is not headed by politicians many justices and judges kowtow to political leaders to whom they feel beholden. Such partiality can be gleaned from decisions they make.

President Benigno Simeon C. Aquino 111, PNOY,  while very open about his desire to transform the justice system, can only make certain pronouncements especially when it concerns the Judiciary because of judicial independence. It is in this regard that  groups from the civil society, church based organizations, like the Churches of Christ, or the academe, like the Catholic Educational Association of the Philippines (CEAP), can do a lot especially in the area of advocacy for judicial reform.  CEAP has a strong program in this regard in connection with its program on Justice and Peace. 

When the miscarriage of justice is caused not by the judiciary but by any of the agencies that belong to the Executive branch of the government,  after three years of making Justice Reform as one of its main programs of government, it is shocking.

But here, in April 2013, I am seeing a resolution from a city prosecution office that still does a lot of victim blaming. Obviously, there are people on the ground even within the  executive branch of the government who resist change. I know for a fact that the Department of Justice is already using its Gender and Development (GAD) budget in training its prosecutors in the gender sensitive manner of handling cases on violence against women and their children (VAWC).

The complainant who is a lawyer, cannot believe that the Investigating Prosecutor, another woman, will end up  with that resolution where the prosecutor concluded  that the respondent is more credible than the complainant. She believed the respondent who said that the taking of the nude photos of the complainant while she was sleeping, was with her consent. This is truly horrible.

The resolution is not just and not fair. It is erroneous.

The city prosecution office usurped the duty and function of the court in weighing evidence. It is the court's duty to determine who is more credible between the complainant and the respondent. The prosecution should only determine probable cause. It should have filed an Information in court for Violation of RA 9262, where there is an extensive trial and hearing. In court there can be cross examinations where the credibility of the contending parties can be closely determined by the judge.

The Motion for Reconsideration of the complainant and her lawyer clearly points out the errors that will give the city prosecution office a chance to correct itself. I hope they do; so as not to further embarrass this government in the area of justice reform which is almost not taking place at all.

This case is now being monitored by several women's group in the locality. The respondent is a high ranking regional official who belongs to a powerful political family. Many women are concerned that this case might end up to be like the Karen Vertido case; where the complainant was vindicated only thru the UNCEDAW. The accused in the case of Karen is also rich and well connected. The judge in the Karen Vertido case is also a woman. The Philippine government faced great embarrassment in the manner that case was decided as pointed out in the Communication from the UNCEDAW.

It is a good challenge for the Philippine Commission on Women (PCW) to take note of the present case early on so it can be  instrumental in putting a stop to the continuing state violence against women by making sure that the duty bearers are able to ethically administer justice.

This is what the Lord Almighty says, "Administer true justice; show mercy and compassion to one another." Zechariach 7:9

Dory Cruz Avisado

4-28-13

LEAP Justice

The entire month of March is celebrated in the Philippines as Women’s Month.

When we review the various programs and policies of the Philippine government designed to protect women’s rights as human rights you would think that we are already in good shape in this regard. The Philippines is rated number 8 in the world in the area of Gender development; so far the highest in Asia.

RA 9710, the Magna Carta of Women (MCW) that took effect almost 4 years ago is very much in place. The Philippine Commission on Women (PCW) is doing its best in promoting the compliance and observance of  MCW. PCW is implementing the program called WEDGE, Women Empowerment and Development towards Gender Equality.

Davao City is a good example of a Local Government Unit (LGU) in the area of Mainstreaming Gender and Develoment (GAD). There are  concrete programs of women empowerment long before MCW was passed.

About 16 years ago, Davao City passed a local ordinance called Davao City Women Development Code, the first ever in the Philippines. There is a functioning Integrated Gender Development Division (IGDD) in the local government  that implements programs on women empowerment and Gender Equality all the way to the various barangays in all the three districts in the city.

Much earlier, the WOMYNET, or Women Network Group was recognized by the local chief executive of Davao city as a network of government agencies, non-government organizations and church based organizations with programs on women and children. The Executive Director of Womynet comes from an NGO and church based group. The policy makers sitting in the Management Committee  or MANACOM, are from both government and non-government organizations. The coordination and cooperation of all agencies with programs on women and children is truly amazing such that the Women Network has really become a force in itself. It is a very rich resource for study of various cases involving women and girl children.

For decades  the WOMYNET has been in the forefront in pushing for the transformation of the Philippine justice system. Along with the Transformative Justice Institute  ( TJI) in alliance with the , Advocacy Consultancy Counseling and Christian Teachings and Training Services Center (ACCCTTS); the Good Shepherd Sisters (RGS); Men Opposed to Violence Everywhere (MOVE); the IGDD; and LawInc.,  WOMYNET  is instrumental in the creation of the National Movement for Transformative Justice (NMTJ). WOMYNET has never wavered in its resolve to protect the human rights of women and girl-children.

The Transformative Justice Institute has been monitoring cases involving women and girl children including drugs cases. We do gender analyses on why we are still facing so many problems and challenges in the administration of justice especially in cases involving women and girl children. As reported there are still so many incidents that allow tremendous miscarriage of justice in cases of rape, incest, child abuses and violence against women and children (RICAVAWC). In regular dialogues conducted by TJI among all the pillars of the justice system in Davao City, the wish for a transformed judiciary continues to reverberate. The same wish can be heard all over the country.

Many times people have pleaded for the national government to implement RA 8369 for the creation of Regular Family Courts. Despite some initial commitments for its implementation from high ranking officials under the present administration, nothing concrete has been done. Apparently there is no clear program designed by the present government in pursuing its proclaimed desire for Judicial Reform.

Through the years and considering the various researches and studies conducted regarding the continuing challenges on why despite decades of advocacy for women’s rights and protection with both gender sensitive men and women already joining hands in advancing the cause; many women and girl children  victims still continue to suffer and are violated. In many instances the designated Family courts are not able to administer cases in accordance with the provisions of laws like  RA 9262 or the Anti-Violence Against Women and their Children Act of 2004.  

The earlier findings of the Transformative Justice Institute that there is an intertwining culture of partriarchy, corruption and impunity in the Philippine Justice system is still very true. The impeachment of a former Chief Justice and the appointment of the first ever female Chief Justice of the Philippine Supreme Court  are very remarkable and welcome developments. Still, they are apparently not enough to turn around the intertwining culture.

 For the many women and girl children victims of violence and their support groups we are not yet seeing  any significant changes  to rejoice and really celebrate this women’s month. The continuing prayer is that something more concrete can be in sight next year.

With only about three years remaining for the present President who committed judicial reform to take place under his administration, more concrete and purposive actions must be initiated and done very soon.

 The LEAP JUSTICE or the Laypersons/Lawyers for Ethical Administration of Philippine Justice and the National Movement for Transformative Justice are willing to participate in any discussion that can lead to the transformation of the Philippine Justice System in general and to judicial reform in particular.

Proverbs 31:9 “ Speak out, judge righteously, defend the rights of the poor and the needy”

Dory Cruz Avisado

3-31-13

LOVE OF GOD AND COUNTRY

February is known to be the love month because of Valentine's Day celebrated on the 14th. Celebrations focus on  romantic love.  Sale of flowers especially roses
rise tremendously. Restaurants and eating places are full of couples  out on dates.
Decorative hearts that symbolize love are pasted on glass windows or hanged on ceilings  creating an ambience of romantic love. It is indeed wonderful to love and be loved in return.

Filipinos are known to be great lovers. We are passionate as a people.
 We are known  as romantic lovers and great lovers of God and country.
Thus, it is very sad to see many people suffer as they live in squalor.
 We see beautiful children of God exploited in child labor.
 Many are unable to go to school and enjoy their rights as children.

 Violation of human rights in our country do not depict our true nature as a loving people.
Our passionate love of our God and our country are not clearly manifested
 when you look into police reports and  hear that some policepersons themselves
 are involved in the commission of many heinous crimes.

This reality is a very good point of individual and collective reflection.
 It is good to reflect about our contribution to the joy and happiness or the misery
 and loneliness in our families. In the same vein, it is important to do collective
 reflection on what we are doing as citizens that contribute to the growth, progress,
 and devlopment or the downfall, regression and deterioration of our country and our nation. 

In my recent talks I have encouraged those in the law profession to reflect about the kind of
contribution we are making for our country and our nation.

It is a well known fact  that our justice system is still in bad shape despite the clear desire of  President PNOY, that judicial reform should take place. Half way in his administration,
 we have not seen any substantial change in the justice system.

 Resistance for transformation of the justice system is very strong.

Very recently a disgruntled court litigant begged for her story to be heard  regarding her harrowing experience in pursuing justice. The Transformative Justice Institute being in the frontline in advocating for TRUTH TELLING accommodated her request. The appointment for two hours was extended to four hours. The stories she shared make me feel that the justice system is seemingly getting worse than better. 

She shared among other horrible stories, that when they were about to take action
 against a Branch Clerk of Court for extortion, the brods and sis of the latter in their
 fraternity/sorority made a  threat.  She was told that she will encounter more difficulties
in pursuing her cases because of their many brods and sis who are holding strategic positions
 in the various pillars of justice. After learning about who are in said fraternity/sorority
 she desisted from taking any action against the Branch Clerk of Court despite the strong
evidence she has on hand.

In  discussions that we conduct at the Transformative Justice Institute we are one
 in saying that the way to counter the intertwining culture of partriarchy, corruption,
 and impunity in the justice system is to promote the culture of love, justice, peace,
 equality, honesty, and righteousness . The preamble of our 1987 Philippine Constitution
 mentions love as it states:
                        
                                      "We, the sovereign Filipino people, imploring the aid of Almighty
                                       God, in order to build a just and humane society, and establish a
                                       government that shall embody our ideals and aspirations, promote
                                       the common good, and conserve and develop our partrimony, and
                                       secure to ourselves and our posterity, the blessings of
                                        independenc and democracy under the rule of law
                                        and a regime of truth, justice, freedom, love, equality and peace
                                        do ordain and promulgate this Constitution."

Lawyers and those tasked to administer justice in the Philippines must be in the frontline in
embracing, observing, complying and promoting the counter culture particularly in loving
 God and our country. Lawyers are very influential. If only that power to influence will be
 used in upholding the rule of law, our justice system will not be in a mess.

There is such a thing as a bandwagon mentality even in law schools. Law students desire to
 belong and be part of fraternities/sororities which they perceive are well connected and
 powerful. Early on, many of the law students take pride that their  brods or sis are either
 judges and justices and they can eventually use that connection to seek favor for their clients.

 Stories abound that indeed fraternity/sorority ties have become a  primary consideration
 in the manner cases are decided.

If fraternities/sororities will decide to be part of  those who will embrace and promote
 the counter culture as provided for by law and resolve to truly demonstrate love of God
 and country, the impact will surely be gigantic. It can turn around so many things
for our nation.

 The breakdown of law and order will cease. The rule of law will prevail.
This would have tremendous impact in eliminating poverty.
Human rights of everyone will be upheld and respected.
We can finally enjoy genuine peace and democracy in our land.

Lawyers and administrators of justice are key players in attaining sustainable
 human development. Once we focus in demonstrating love of God and country
 as a collective, we will defeat the prevailing intertwining culture.
 Come, let us show love from now on.

Jesus said in Luke 10:27;  "Love the Lord your God with all your heart
 and with all your soul and with all your strength and with all your mind,
and Love your neighbor as yourself."

Dory Cruz Avisado
2-16-2013











 

URGENT ACTION NEEDED

The Transformative Justice Institute (TJI), have listed over a hundred specific actions needed for Judicial Reform to take place in our country. The issues cut across all levels of the courts. In the recent yearend dialogue conducted by TJI with the various pillars of justice in Davao City, long time advocates as usual, start with some positive notes in its assessment and evaluation as they update one another of what is happening in the various courts. We acknowledge that the present administration has made explicit its desire for Judicial Reform to take place in our country.

It appears that the new Supreme Court Chief Justice Ma. Lourdes Sereno is bent on implementing some needed programs for Judicial Reform, like the creation of the Regional Court Administration Offices (RCAO). As an initial move, CJ Sereno issued a Memorandum that will reopen the RCAO in Cebu city. The same was however set aside by majority of the Supreme Court Associate Justices.  News reports indicate that the action of CJ in issuing the Memorandum was not in accordance with what was agreed upon during their deliberation. This incident makes the advocates feel very disgusted. It  leaves everyone  wonder how can Judicial Reform take place under the present circumstances of the highest court of the land?

When the Blueprint of Action for Judicial Reform was launched in February 2000,  the Supreme Court sitting en banc, projected so much hope that things will be better. Administration of Justice in the Philippines shall improve. As a reactor during the launch, I said that " I hope that the dark days in the area of administration of justice shall be over". I expressed hope that the highest court of the land shall lead the way, and that " the Supreme Court is like a conductor of an orchestra, once it raises its baton, everybody  will follow its sway". 

Thirteen years passed.  No Judicial Reform has taken place. The situation on the ground is worse off this year than last year or the years past. A clear indicator of this can be seen in the jail situation all over the country.

 In Davao City, the court monitors reported during the December 17, 2012  yearend dialogue at TJI,  that there are now more than 1,300 drugs cases pending in 3 different branches of the Regional Trial Court designated as Special Drugs Court. There are now close to 1,600 detainees at the Bureau of Jail Management Penology (BJMP), or the Ma-a Davao city jail. That jail was designed to house only 350 detainees.

The number of drugs cases filed each month is much higher than the number of cases disposed. Unless the Judiciary pays close attention and takes concrete action to remedy this situation the number of detainees will still increase in the year 2013.

This is a very alarming situation that needs urgent action by the Judicial leaders and the rest of the government officials charged in the administration of justice.

 During the mid-year dialogue conducted  by the TJI in June 21012, it was reported that one drugs court judge denied the motion for hospitalization and treatment of a female accused, afflicted with stage 4 breast cancer. The public prosecutor did not object to the motion for humanitarian reasons. After all, the woman accused is already dying and there is no way she can escape, given her state of health. Due to that case, it was discovered by some monitors that since April 2012, there were already 8 deaths at the  Davao City Jail annex,  the male section of the jail. The TJI reported this situation to then DILG Secretary Jesse Robredo and the Commission on Human Rights (CHR). CHR 11 conducted an investigation and confirmed the 8 deaths reported, two of which were suicides.

The jail congestion is primarily caused by the slow disposition of drugs cases. What is the government's plan to remedy this situation that needs urgent and immediate action?

In the discussions of advocates for judicial reform, we have noted that the use of power of many of those in the judiciary is such that, the essence of public service is farthest from their hearts and minds. Given the security of tenure of the justices and the very stringent policy for their removal, many are unmindful of the clamor of the citizens, who are the bosses, for judicial refrom to take place. We continue to pray for God to touch the hearts and minds of the Justices so that they will be guided in their use of power and authority. 

It is our continuing prayer that within  the year 2013,  Judges and Justices will  realize that there is true joy in service. Power and authority must be used for what is good, fair and just. Please unite and allow judicial reform to take place immediately. 

 Please remember what the Bible says in Amos 5:24, " But let justice roll down like a river, and righteousness like an ever-flowing stream".

Dory Cruz Avisado
1-11-13

RCAO Must Be Established In All Regions

As early as the year 1999, the Supreme Court (SC) committed to establish the Regional Court Administration Offices (RCAO) as contained in the Blueprint of Action for Judicial Reform. The United Nations Development Program (UNDP)  and the Supreme Court launched the blueprint, way back in February 2000, with the Supreme Court Justices then, sitting en banc. I was tasked to be a Reactor on behalf of Regional Trial Court Judges and other Judges from the lower courts. I deem that I was chosen as a Reactor because I was part of those who were consulted in the formulation of the blueprint being a long time advocate for Judicial Reform particularly in the areas of Gender Sensitivity and Responsiveness in the Judiciary. I recall that while I was part of the Alternative Law Groups and the Social Development NGOs way back then, Atty. Midas Marquez, was part of those who consulted us. The SC  took into consideration the sentiments and suggestions of various groups, court users and stakeholders in formulating the blueprint. I also recall that during the launch, now SC Chief Justice Maria Lourdes Sereno was one of the speakers since  she played an important role in the formulation of the blueprint.

More than twelve years after that launch, many of the desired Judicial Reform programs contained in the blueprint are still not properly accomplished. One of those, is the creation of the RCAO save for one, in Region 7, in Cebu City. I am not aware of any process undertaken to review  why many of the programs were not properly implemented. Is it  possible that the fast turn over of Justices including Chief Justices, from 2000 to 2012 is a factor?  That is the reason why the call for Truth Telling to look into the present "State of the Judiciary"  is very vital.

 In 2001, during the Supreme Court's Centenary Celebrations I was given a Special Award both by the SC and the Foundation for Judicial Excellence for "Transparency and Advocacy of Judicial Reform". In 2004, I tendered my irrevocable resignation as RTC  Judge in Davao City in order to proceed with my advocacy work,  as an outsider advocate. I indicated in my resignation letter that I find that being an insider advocate is no longer feasible. Immediately, we established ACCCTTS Center that convened the Transformative Justice Institute (TJI) through our family funded ministry.

The TJI is a co-convenor of the National Movement For Transformative Justice, along with Good Shepherd Nuns. TJI conducts regular dialogues with the various pillars of the Justice System, thus it is well informed of the various issues and concerns that continue to hamper the effective and efficient administration of justice in our country. It also works closely with JACOA, Justice Advocates and Court Observers Anchorpersons, with volunteeer court monitors.

Our study shows that while we have generally good laws; there are so many problems in the structures or institutions tasked to enforce or apply the laws because of the Intertwining Culture of Patriarchy, Corruption and Impunity, in our Justice system. For the past 2 years, we have been working closely with the NAC CEAP, National Advocacy Commission of the Catholic Educational Association of the Philippines. We are countering the prevailing culture thru Transformative Education. Likewise, thru the Access to Justice Program of the PCW, Philippine Commission on Women, women's groups are closely working together in the hope that the present government will be able to truly cause for genuine Judicial Reform to take place.

Many people, including lawyers are  losing faith in our justice system. Due to tremendous miscarriage of justice especially in cases involving VAWC,violence against women and their children, many children are placed at risk. The number of CICL, Children In Conflict with Laws increase. That negatively impacts  the peace and order condition of our country. 

The sub-culture of domination,subordination and cooptation that impact on the independence of the judiciary especially the lower courts is still prevalent. The lower courts encounter so many problems because of the highly centralized system of court administration. There is an urgent need to devolve the power and authority in court administration.

The creation of Regional Court Administration Offices will lead to tremendous benefits. Some of these are:

1. Strengthening of lower courts:
1. The sub-culture of domination, subordination and cooptation will be checked. Lower court judges will not be treated like minions and they cannot just be easily pressured by high ranking Judicial Officials to decide cases due to whatever ties: political, fraternal, friendly or blood ties;
2. Lower courts will no longer need to get any form of support from Local Government       Units, which oftentimes have pending cases before the lower courts. 
2. Equitable distribution of financial benefits. Court workers in the regions will be able to get their fair share of the Judiciary Development Fund  (JDF),  which the lower courts are oftentimes responsible in collecting.
3. Efficient use of time and resources. Court workers in the regions need not travel to Manila just to follow up certain concerns like vacation or sick leaves, or retirement benefits.
4. Access to Justice is enhanced. Court users who have complaints against local judges or court personnel can have easier access to  the Office of the Court Administrator thru the RCAO.

The "bosses", the citizens of our country, the taxpayers, are united in calling for Judicial Reform to take place in our country as early as possible. We appeal to our Supreme Court Justices and Officials to dialogue and set aside all forms of animosities as reported in the news yesterday and today. Please review the Blueprint of Action of the Judiciary and act accordingly. Let us all be guided with the following admonition from the book of life, the Bible, to wit:           
   
"God has shown you human being what is good, and what does the Lord require of you but to do justice, to love mercy and to walk humbly with God" (Micah 6:8);

"If my people, who are called by my name humble themselves and pray and seek my face and turn  from their wicked ways, then I will hear from heaven, will forgive their sin and will heal their land" (2Chronicles 7:14)

"Therefore I urge you brothers and sisters, by the mercies of God, to present your bodies a living and holy sacrifice, acceptable to God, which is your spriritual service of worship. And do not be conformed to this world, but be transformed by the renewing of your mind, so that you may prove what the will of God is, that which is good and acceptable and perfect" (Romans 12: 1 and 2).

As true administrators of justice, let us show our love to God and country by giving full support to the much needed Judicial Reform. God bless everyone.


Dory Cruz Avisado, 12-12-12