CREATE REGULAR FAMILY COURTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

THE FILIPINO SPIRIT

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

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

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

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

                      1. Build a just and humane society;

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

                      3. Promote the common good;

                      4. Conserve and develop our patrimony; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HAIL to the indomitable Filipino spirit !!!!

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

        

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

Dory Cruz Avisado

8-28-13

TRUTH TELLING

The main element for any transformation to take place is truth telling. Acknowledgment of what is wrong and what is rotten is the very  first step that can lead to transformation. This is so true whether the transformation desired involves a person's character, an entity or any institution, a community, a country, a church or any group, sector, or organization.

 In development parlance SWOT analysis is a must. This is a very popular process undertaken in connection with development planning. We must be aware of the strengths, weaknesses, opportunities and threats or challenges that we face in achieving our desired change or transformation. We are of course aware that the most glaring weakness in all the pillars of our criminal justice system is the intertwining culture of patriarchy, corruption and impunity. Sadly, most of the pillars continue to deny or refuse to accept and acknowledge their weaknesses thus they are clearly not prepared to change and cause the needed transformation in their institutions.

Thus, any form of expose' of irregularities and anomalies happening in any or all of the pillars of our criminal justice system, especially coming from the  highest ranking government official give us  hope that change in the justice system can  still take place for the next three years under the Aquino administration.

Truth telling is the most powerful and convincing act that can start the process of winning back people's trust in the justice system. As it is now many people including lawyers have already become cynical and skeptical as they express that our justice system is already hopeless. I always disagree with this observation despite  decades of being involved in the advocacy for transformation of our justice system. Many are wondering why my spirit is not dampened thru the years as I always appear upbeat and hopeful that there can be real change. Well, I am a firm believer that what is good and just will always triumph in the end. But  a critical mass of people should stand up and fight for what is right.

 Right is might. Even if a huge number of Filipino leaders or government officials are still abusive of their power and authority, they can be toppled down when a determined sector of society will unite to fight for what is right.  It is a popular saying that for evil to triumph, good persons should do nothing.   I am seeing a critical mass of people starting to demand for Ethical Administration of Justice in our country. The LEAP Justice or Laypersons/Lawyers' for Ethical Administration of Philippine Justice is growing in number. More and more people have become bold and courageous in telling their stories and their bad and sad experiences in the various pillars of justice.

Since the biggest problem we face involve changing mindsets and attitudes in the administration of justice it will never be easy. The resistance for change is very strong given the padrino and bata-bata system that is now deeply embedded  in the intertwining culture in practically all the pillars of justice that include the law enforcement and even the judiciary. Many workers in the pillars of justice are either afraid to speak out or are themselves involved among those who corrupt the system. Despite these, I can vividly  see some positive signs and few developments leading to the needed transformation.

While there are varied reactions and comments that one can hear and see from different sectors of our society about the recent events between and among the law enforcement agencies that form part of the pillars of the criminal justice system I look at this with positive light. These agencies like the Philippine National Police (PNP), and the National Bureau of Investigation (NBI) all belong to the Executive branch of our government. The PNP belongs to the Department of Interior and Local Government (DILG) while the NBI is under  the Department of Justice (DOJ).I will not discuss the details of these recent events because there are too many on-going incidents involving these pillars of justice. What is vital for this article is to stress the far reaching and positive impact of truth telling and transparency being demonstrated by the  Secretary of the DOJ..

The Secretary of Justice, Leila De Lima, who was once the Chairperson of the Commission on Human Rights (CHR) does not mince words. She is very vocal and straightforward in expressing  her disgust with what was done by some police personnel who were supposed to deliver two convicted felons to the National Bilibid Prisons. The two felons  ended up being killed .

Secretary De Lima directed the NBI to conduct a thorough investigation. The PNP itself, under the directive of  DILG  Secretary Mar Roxas also conducted an investigation. Secretary Roxas in a press conference disclosed the result of the PNP's investigation that confirmed the involvement of some police personnel in the murder of the two felons.The government's action on this incident was expeditious. I find it impressive. I hope that this kind of speedy action on the part of government will henceforth be the pattern and practice of the law enforcement arm of the government.


Hopefully, the days of "cover up and patronage" will soon be over. Instead the rule of law will prevail where transparency and truth telling will be practiced in the administration of justice.

Last July 11, 2013, Chairperson Remmy Rikken of the Philippine Commission on Women (PCW) asked me to join her in the launch at Camp Crame Quezon City, of  " EPJUST II", the government's program on Justice Reform supported by the European Union. The program is entitled "Justice for All: Enhancing Accessibility, Fighting Impunity".

There are 3 components of said program. Component 1 is on "Enhancing Accessibility"; Component 2 is on Fighting Impunity; and Component 3 is on Enhancing Transparency and Accountability. Both the DOJ and DILG Secretaries spoke during the launch along with Atty. Pamela S. Fahey, Team Leader, Technical Assistance Team, and Ambassador Guy Ledoux of the European Union.

Let us hope and pray that the huge amount of money of 570 million pesos as contribution from EU with a 57 million in-kind contribution of the Philippine government from 2013 to 2016 will indeed lead to the much needed transformation that we have long desired.

In the meantime, I cannot help but salute Secretary Leila De Lima of the DOJ for leading the way for government, in the much needed truth telling and transparency in the administration of justice and for her deep commitment in upholding the rule of law.

Jesus said, " So have no fear of them; for nothing is covered up that will not be uncovered, and nothing secret that will not become known. What I say to you in the dark, tell in the light; and what you hear whispered, proclaim from the housetops. Do not fear those who kill the body but cannot kill the soul; rather fear him who can destroy both soul and body in hell" (Matthew 10: 26-28).


Dory Cruz Avisado
7-26-13

PRECIOUS MOMENTS

As a long time advocate for the transformation of the Philippine Justice System, I consider it a great blessing to spend more than two hours of precious moments with Atty. Precioso "Precy" Perlas,  last June 19, 2013, which was Jose Rizal's 152nd birthday.

 Atty. Precy happens to be a relative of our national hero, on his mother side, the Mercado.

 As an octogenarian who has been practicing law  for 52 long years since 1961, Atty. Precy serves as an important key informant about the state of the judiciary decades ago.

I met Atty. Precy for the first time last November 2012, while attending the Mandatory Continuing Legal Education, MCLE, at Megatrade, SM mega mall. We were classmates in the Legal Ethics class conducted by Justice Hilarion Aquino.

 Even while I was serving as  RTC presiding  judge from 1999 to 2004, I continuously attend MCLE  to remain updated about the latest developments in the field of  law. When I tendered my irrevocable resignation in February 2004 to go into full time advocacy for the transformation of the justice system I still made it a point to attend MCLE although I have a self imposed policy no longer to appear in courts due to my ardent advocacy, knowing that I am displeasing many justices and judges especially those who are resistant to change.

 I shared to Atty. Precy that despite my being a multi-awarded Judge, where I was given awards by all the three  branches of the national government, for speedy disposition of cases; pro-active measures in the administration of justice; transparency and advocacy of judicial reform; I heeded the guidance of the Holy Spirit for me to irrevocably resign  due to the injustices I saw from within. I have to get out to be able to speak out and advocate freely.

Obviously the Supreme Court administrator at that time did not know where to send a judge's resignation letter.  He sent  mine  to Malacanang palace which was returned. The Supreme court has to pass a resolution that it has to be the Supreme itself that should receive my letter of resignation. 

As we were talking about the present state of the justice system, Atty. Precy recalled the glory years of the Judiciary.  He talked about the likes of Justices Manuel Moran, Jose Concepcion, Cesar Bengzon, among others. But his glowing portrayal of how were the Justices of those golden years became more captivating when he talked about Justice JBL Reyes. He proudly proclaims that he is a JBL Reyes  " Boy". He related the many instances when Justice JBL Reyes would assert for the rule of law to prevail all the time. Even the former President Ferdinand  Marcos was  afraid of Justice JBL Reyes, thus, he was only able to declare Martial Law after  Justice JBL Reyes  retired from the Supreme court.

Justice JBL Reyes was the very first National President of the Integrated Bar of the Philippines,  the IBP. In our identification cards as IBP members we see the famous quotation by Justice JBL Reyes which states:
                                 No master, But Law;
                                        No Guide, But Conscience;
                                              No Aim, But Justice.

In discussing what we can do together to transform the Philippine justice system, Atty. Precy shared the observation by many of his friends about how the lawyers in our society have become the most influential group of people in the area of governance. All judges and justices are lawyers. Lawyers dominate the Judiciary. Many politicians in Congress are also lawyers. Those who are not lawyers always rely and depend on what lawyers say. The same is true with the Executive branch of the government.

Lawyers are the principal reasons why our justice system is in such a bad state at this time. Atty. Precy is very familiar with the stories of how the justice system has degenerated which started during the Martial Law years.

The meeting last June 19 transpired  after Atty. Precy, read my post entitled DO DEVS last May and he asked if we can meet and talk. I readily agreed to meet with him. During that meeting we agreed that as lawyers we can all work together to popularize Ethical Administration of Justice in the Philippines which is the main advocacy of LEAP JUSTICE, Laypersons/Lawyers for Ethical Administration of Philippine Justice.

Atty. Precy and I agreed that a lot of beautiful things are happening nowadays. That gives a lot of hope that Development thru Enrichment of Values and Spiriuality, DEVS, can take place that can lead to the transformation of our justice system.

 We agreed that since most judges and justices and those who are holding positions of power in government belong to the Roman Catholic church; the humility demonstrated by Pope Francis can trigger mass reflection and changes among those who can become instruments of change.

We also recalled this beautiful prayer of St. Francis of Asisi:
                                   
                                       Lord, make me an instrument of your peace.
                                       Where there is hatred, let me sow love;
                                       Where there is injury, pardon;
                                        Where there is doubt, faith;
                                        Where there is despair, hope;
                                       Where there is darkness, light;
                                       and where there is sadness, joy.

                                    O Divine Master, grant that I may not so much seek
                                     to be consoled as to console;
                                     to be understood as to understand;
                                     to be loved as to love.
                                     For it is in giving that we receive;
                                     it is in pardoning that we are pardoned;
                                     and it is in dying that we are born to eternal life. Amen.

As the number of laypersons volunteering for LEAP JUSTICE is fast growing, Atty. Precy and I look forward to more lawyers joining us as Lawyers for Ethical Administration of Philippine Justice.

" HOW BLESSED ARE THOSE WHO KEEP JUSTICE, WHO PRACTICE  RIGHTEOUSNESS AT ALL TIMES" , Psalms 106:3.


Dory Cruz Avisado
 6-28-13



  

DO DEVS

DEVS, is a program created by Advocates for Women and Children's Rights, in 1993. That was twenty years ago. DEVS means, "Development thru Enrichment of Values and Spirituality".
That early, advocates for Women's Human Rights and Gender Equality have become aware
that changing mindsets of people holding positions of power tasked in the administration of
 justice to ensure that rights of women and children are upheld and respected, is not a walk
 in the park. This is so because of the pervasive culture of patriarchy in the Philippines.

The observation that changing mindsets is not easy is confirmed by the worsening state in the administration of justice in our country.

There is so much miscarriage of justice happening all over. Despite the clear pronouncement of President Benigno Simeon C. Aquino 111, PNOY,  that his administration will push for Judicial Reform, the Transformative Justice Institute (TJI) continuously receive reports of miscarriage of justice involving women and children with judges or justices blaming the victims for what happened to them in RICAVAWC cases. Those are cases of rape, incest, child abuses and violence against women and their children.

A court order dismissing a rape case filed by a young woman against a powerful politician in Mindanao was recently forwarded  to TJI for analyses. In that case, the private prosecutor  was requested by the government prosecutor to appear since he sensed that the case will be fixed due to the manner the judge was treating the private complainant.

 The private complainant was actually assisted by some women from the media who learned
 that the complainant was so afraid to file a case since the doer of violence is rich and powerful.

True to form, the judge dismissed the case.

 It is the same judge who also dismissed the case against a scion of another rich and powerful political family despite the clear proof of guilt beyond reasonable doubt presented
 by the prosecution against the accused, who shot dead a young man in the presence
 of witnesses who testified in court.

The victim who was killed belongs to a  middle class family with well known relatives
 who are lawyers in the locality. Yet they felt helpless with what happened to their case.

The judge appears untouchable. He flaunts his connections. Out of sheer frustration the
 government prosecutor  who handled the case involving the killing of a young man, tendered
 his resignation. That resignation was in the headline news of the local papers. Talks abound
 about the million reasons for the dismissal of the case. The judge is  well connected due to
 his blood and fraternity ties.

Situations like these, continue on and on and on. There is no immediate recourse or measure
for peace loving citizens to take since they feel and know that elevating a case against
 the judge is but an exercise in futility considering his connections all the way to the
 Supreme Court.

 In the end, victims and their lawyers just lift up everything to God if only to find some
 consolation and appease their troubled spirits as they believe that ultimately God will
take charge and deal with the unjust and corrupt judge.

In the meantime, the culture of impunity goes on and on.   

One suggestion or recommendation that is gaining popularity nowadays is the need for
a mechanism or machinery for the local people to have a say on who should be appointed
as judges in their locality. Of course, this will require consitutional amendment. But it
is a suggestion really worth looking into and should be considered in the event an
amendment of the constitution takes place. Indeed, there are several provisions in the
Constitution about the Judiciary that needs review and improvement.

In a study we conducted, we have established the existence of the Intertwining Culture
 of Patriarchy, Corruption and Impunity in the Philippine Justice System. Despite
the continuing advocacy for the transformation of the justice system by many of us
 for the past thirty years nothing much changed.

As a matter of fact the judicial system became worse during the PGMA administration.

So when PNOY made pitch for judicial reform we were thrilled and thought that, finally things
will be better. We continue to hope and pray for judicial reform to take place during the last
three years of PNOY in office.

  Every now and then we hear  some lawyers declare their disgust, rage and frustration
 against certain judges and justices. Not a few lawyers have decided to cease in practicing
 their profession. Many now refuse to appear before the courts of law. The more lamentable
 part of this is, some of these lawyers are still very young and truly promising.

 The worst impact in the ill administered cases is of course on the victims and their families.
 Thus, an alternative approach is being popularized through NGO's via Justice and Healing,
 but such cannot be far reaching  because of many limitations. Government is duty bound to
deliver justice and healing to victims of violence.

 In the dialogue we had with the Committee on Gender Responsiveness in the Judiciary (CGRJ) of the Supreme Court,  last year, so many issues were raised.  Except for few disagreements, everyone recognized the need for justice and healing to take place for victims of violence. One can readily see that there are  many well meaning people both inside and outside of the judiciary who desire for judicial reform to take place.

 Apparently, there is no Comprehensive program on reform of the justice system that is being implemented by our government. It seems government itself does not  know how
to go about the business of transforming the justice system given the reality that there were
 already many attempts on this in the past. Clearly, those programs miserably failed. So here
we are, with a worsening condition in administration of justice in our beloved country.



Many advocates now openly declare that no amount of trainings like GSTs, Gender Sensitivity Trainings would be enough to transform or reform institutions, such as government agencies and instrumentalities tasked in the administration of justice involving cases of women and children victims of violence.

The Transformative Justice Institute, is popularizing DEVS, for genuine transformation
or reform to take place in the administration of justice. We believe that it is only when
 workers in the various pillars of justice  including the community, will endeavour to
 embrace the right values such as being:  upright; respectful of the rule of law, human rights and gender equality, and become practitioners of ethical administration of justice; will
 transformation in the justice system take place.

Most important  of all, is the aspect of spirituality. It is important for everyone  tasked in the administration of justice to reflect about their relationship with the God, whose aid  we
implore in our Constitution, the God to whom we address prayers every time any level of
 the court would go on session, and the God to whom we swear to and promise to be good
 public servants when we take our oaths of office.

Come on, let us do DEVS.

"Thus says the Lord: Do justice and righteousness, and deliver from the hand  of
 the oppressor him who has been robbed. And do no wrong or violence to the
 resident alien, the fatherless, and the widow, nor shed innocent blood in this place."
 ( Jeremiah 22:3).



Dory Cruz Avisado
May 28, 2013

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