KEY FACTORS FOR JUDICIAL REFORM (PART 5)

ON DEVELOPMENT THRU ENRICHMENT OF VALUES AND SPIRITUALITY (DEVS-Part A)

The principal concern of many Filipinos now is how to sustain the reforms already set in place even after another set of officials shall take over the administration of the national government less than two years from now. 

On a higher plane, many Filipinos demand that we not only sustain the reforms already set in place but ensure that we put a stop to the intertwining culture of corruption, patriarchy and impunity so that we can have genuine democracy and full respect for the rule of law.

There are on- going discussions on strengthening the political and economic systems so that we can have genuine peace and order and no one lives in poverty. Indeed, there is need for a lot of focus on this.

We all see that the so-called economic growth is not necessarily inclusive of the poor people whose situations have not really improved due to lack of economic opportunities that will ensure a genuine and sustainable human development.

There is still so much reliance on the Conditional Cash Transfer (CCT) such that there is need to further increase its budgetary allocation for 2015. This is a much-needed bridging solution for the large number of poor Filipinos to  survive and send their children to school.

The process of awakening and empowering the Filipinos is slowly, but surely, taking place. We see around very dynamic citizens including many young people participate in various fora articulating various issues to advance the causes they are pursuing with the interest of the Filipino nation in mind.

In our discussions at the Transformative Justice Institute (TJI), we find it very vital that we do not only advocate for changing or reforming the laws and ensure its enforcement, implementation, observance or compliance but equally important is that we eliminate the intertwining culture of patriarchy, corruption and impunity in our midst.

There is need to ensure that people have the right knowledge, skills and attitudes (KSA) especially those in the leadership position, to transform their ways, to become truthful and sincere in their sworn duties to serve our country and our people.

Those in the judiciary, especially the Supreme Court, known as the last bulwark of democracy, must act as role models in demonstrating uprightness. It is important that justices and judges are not greedy for money and power.

When people continue to perceive that most of those in the judiciary are not honest and upright, they lose the trust and confidence reposed on them not only in this branch of the government but also in the entire system.

Acquiring the right knowledge and skills about the law and its application for those charged in the administration of justice is not that difficult. Lawyers formally study substantive as well as procedural laws. Knowledge and skills can be learned and acquired. But the right attitude must be embraced. It must be a way of life. This is what is basically lacking and seen as a gap in the much needed ethical and impartial administration of justice.

The reason why there is poor and weak administration of justice is because of the attitudes that bring about the intertwining culture of corruption, patriarchy and impunity.

The TJI in its training modules on development, deliberately integrates Development thru Enrichment of Values and Spirituality (DEVS) in all spheres and dimensions of development. Since we are predominantly a Christian country we integrate Christian tenets and teachings to remind the trainees involved in the administration of justice and other fields of development. We ask each participant in DEVS training on what do they understand about certain teachings of Jesus Christ our Master, Lord, King and Saviour.

Here are examples of what we integrate in DEVS trainings, quoting from the Book of Life, the Holy Bible, where Jesus said:

“Do not store up for yourselves treasure on earth, where thieves and rust destroy, and where thieves break in and steal. But store up for yourselves treasures in heaven, where moth and rust do not destroy, and where thieves do not break in and steal. For where your treasure is, there your heart will be also” (Matthew 6: 19 to 21).

Further in the same chapter of Matthew, Jesus also said:

“No one can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve both God and Money” (Matthew 6:24). 

In the same Book of Matthew 16, Jesus said to his disciples:

“If anyone would come after me, he must deny himself and take up his cross and follow me. For whoever wants to save his life will lose it, but whoever loses his life for me, will find it. What good will it be for a man if he gains the whole world, yet forfeits his soul? Or what can a man give in exchange for his soul?” (Matthew 16:24 to 26).     

Participants in DEVS trainings always claim that, indeed, it is important for Filipinos particularly those who profess that they are Christians or believers and followers of Jesus, to be reminded of the above teachings. By embracing the same teachings and making them a part of our way of living will give us strength to avoid temptations including greed for money and power.

Still in the Book of Matthew, Chapter 6 verses 25 to 33, Jesus is teaching us how to live a good life when He said:

“Therefore I tell you, do not worry about your life, what you will eat or drink; or about your body, what you will wear. Is not life more important than food, and the body more important than clothes? Look at the birds of the air; they do not sow or reap or store away in barns, and yet your heavenly Father feeds them. Are you not much more valuable than they? Who of you by worrying can add a single hour to his life? And why do you worry about clothes? See how the lilies of the field grow. They do not labor or spin. Yet I tell you that not even Solomon in all his splendor was dressed like one of these. If that is how God clothes the grass of the field, which is here today and tomorrow is thrown into the fire, will he not much more clothe you, O you of little faith? So do not worry saying, ‘What shall we eat?’ or ‘What shall we drink?’ or ‘What shall we wear?’ For the pagans run after all these things and your heavenly Father knows that you need them. But seek first his kingdom and his righteousness and all these things shall be given to you as well”.

If Judges and Justices, and those tasked in the administration of justice in the Philippines, most of whom claim to be Christians or followers of Jesus, heed and embrace the above teachings in their lives, then we will certainly have a well functioning justice system.

Values and Spirituality are the most important dimensions in the life of every person to have the right “Attitude”.  It is, thus, important to remind our citizens especially our leaders in all the 3 great branches of our government and most important of all those in the Judiciary about the teachings of our King, Lord and Master Jesus Christ.

Part of what we also advocate about DEVS is to encourage our friends who are cardinals, bishops, priests and nuns to advocate about the teachings of purgatory. We encourage that similar act done by the Pope with regard to the none existence of the ‘limbo’, be made, regarding purgatory. I cited this in the book I wrote entitled “Intertwining Culture of Corruption, Patriarchy and Impunity: Journey in the Advocacy for the Transformation of the Philippine Justice System”.

When people believe that after they die they can still move from purgatory to a better place like heaven or paradise, then, they can really live corrupt lives and be lovers of money and power thus abusing and oppressing the poor and the marginalized.

We studied thoroughly the teachings of Jesus in this regard. The same is very clear in the book of Luke Chapter 16. Jesus told the story about the Rich Man and Lazarus, clearly indicating where the destination of those who oppress the poor will be after dying.

For clarity, I am quoting here what Jesus said in Luke Chapter 16 verses 19 to 31:

“There was a rich man who was dressed in purple and fine linen and lived in luxury every day. At his gate was laid a beggar named Lazarus, covered with sores and longing to eat what fell from the rich man’s table. Even the dogs came and licked his sores.

The time came when the beggar died and the angels carried him to Abraham’s side. The rich man also died and was buried. In hell, where he was in torment, he looked up and saw Abraham far away, with Lazarus by his side. So he called to him, ‘Father Abraham, have pity on me and send Lazarus to dip the tip of his finger in water and cool my tongue, because I am in agony in this fire.’

But Abraham replied, ‘Son remember that in your lifetime you received your good things, while Lazarus received bad things, but now he is comforted here and you are in agony. And besides all this, between us and you a great chasm has been fixed, so that those who want to go from here to you cannot, nor anyone cross over from there to us.

He answered, ‘Then I beg you, father, send Lazarus to my father’s house, for I have five brothers. Let him warn them, so that they will not also come to this place of torment’.

Abraham replied ‘ They have Moses and the Prophets; let them listen to them’.

‘No father Abraham, he said, but if someone from the dead goes to them, they will repent’.

“He said to him. ‘If they do not listen to Moses and the Prophets, they will not be convinced even if someone rises from the dead’.”

We, at the TJI, believe that when those who commit acts of abuses and corruption especially those who oppress the poor and marginalized, continue to just amass wealth and by crooked means remain in power, or distort the administration of justice, will know, by heart, the teachings of Jesus; they may still change and transform. Zaccheus and the Prodigal Son are good examples.

We shall feature more teachings of Jesus which we integrate in our development trainings on our next post.

In the Beatitudes in Matthew Chapter 5 verses 11 and 12 Jesus said:

“Blessed are you when people insult you, persecute you and falsely say all kinds of evil against you because of me. Rejoice and be glad, because great is your reward in heaven, for in the same way they persecuted the prophets who were before you”.

Note that the Bible quotes here are lifted from the New International Version (NIV) of the Zondervan Bible Publishers.

Dory Cruz Avisado

8-26-14

 

KEY FACTORS FOR JUDICIAL REFORM (Part 4) ON SPECIALIZATION

The number of complaints against local Judges continue to grow. Complaints from court users vary from slow pace of case disposal to perception of corruption, and abuse of power on the part of those who are supposed to be administrators of justice. Likewise, Justices from the Court of Appeals, the Sandiganbayan and the Supreme Court are also target of complaints from court users. 

While practically all those who raise issues and complaints are not willing to file formal charges against those whom they complain about, we still listen to their sad and sob stories which Advocates for the Transformation of the Justice System label as “horror stories”. 

We seriously take note of certain patterns of erroneous acts and malpractices which are reported to us that impacts the administration of justice. 

We discuss and analyze what can be done to nip and slay the root causes of the problems. We make recommendations on what can be done to correct the anomalous situations and repeatedly hammer and pound the same as part of our advocacy points until the system is transformed to what it should be.

As we have repeatedly discussed the manner of selection, appointment and promotion of Judges and Justices in the Philippines need to be freed from political patronage so that only those with integrity, who are truly upright and competent are appointed to such delicate positions of dispensing justice.

When another victim of injustice involving a case for violation of RA 9262 on Anti-Violence Against Women and Their Children Act of 2004, reported how a Judge clearly favored the accused, whose defense were immaterial and irrelevant to that case, the lawyers, again pointed out their previous observation that the Judge who was with the Public Attorneys’ Office for a really long period of time, is clearly biased in favor of the accused. The Judge is  labeled as an “Acquitting Judge”.

Many practicing lawyers also point out similar pattern they observe with regard to some Judges who became Public Prosecutors. They find that most of them are biased in favor of the State; thereby, the tendency is to convict the accused even if the State is unable to show proof of guilt of the accused beyond reasonable doubt.

As Chair of the Transformative Justice Institute, I have already raised this concern to some important groups particularly the Education Sector, including the NAC CEAP, or the National Advocacy Commission of the Catholic Educational Association of the Philippines and the Philippine Commission on Women (PCW), so that they can help us push for the specific recommendations as follows:

1.   There ought to be a review of the Study of Law in our country to shorten the same. Likewise the study of law must prepare students to become dispensers of justice. Administration of Justice must be learned early on in law schools by those who would like to become lawyers.

It does not take nine long years for one to finish law in other countries.

In the Philippines, one is required to study four years of college with BS degree as a pre-requisite or pre-law, before proceeding to another four years of law proper. After that, one needs to review for about six months and prepare to take the bar examinations. Then again, one waits for another six months for the result of the bar examinations.

After ten long years of preparation, a new lawyer is not necessarily already equipped to do court trial unless the law schools they come from allowed them to do Legal Aid while in the College of Law, and the Law Students appear in court under the supervision of a practicing lawyer. However, not all law schools practice this.

2.   In order to prepare lawyers to become administrators of justice, law schools should already be able to help in determining the career path of lawyers geared toward administration of justice. This means that students who exhibit the desire and competence to become Judges and Justices are already prepared to do this even in the law schools.

 Students who exhibit the desire and competence to become Public Prosecutors are also prepared in this regard. The same goes for those who exhibit the desire and competence to become Public Defenders. The others, would be prepared as General Practitioners.

This second recommendation is vital in preparing lawyers for the special task of litigation of cases. The lawyers must already know the field of specialization they want to embark on and prepare themselves accordingly.

The present practice of making both the Public Prosecution Office and the Public Attorneys’ Office as a stepping stone for one to become a Judge is not a good practice as pointed out in the story we shared above.

3.   The Public Prosecutors along with Public Defenders must be given salaries and benefits similar to Judges as they stay longer in their posts. They should be given increments every 5 years or thereabouts so that they would no longer desire to move to the Judiciary as they acquire the necessary expertise in their field of either prosecution or defense.

Gaining of experience and expertise is very vital for the Prosecution so that the cases of the People of the Philippines will not suffer defeat; which oftentimes happen when new prosecutors handle cases for the State.

This particular concern is very hot as of today, in the light of the observation by many that our Public Prosecutors are groping on what to do, how to react, what to say or what moves to take as they  face seasoned lawyers of the accused in the plunder cases against powerful politicians and individuals pending before the Sandiganbayan. It was reported in the media that the lead prosecutor lost in a huge case involving corruption and so many are asking why he is tasked to handle the plunder cases.

When Public Prosecutors are well paid by the government, they will not be easily tempted to accept bribe. They then gain the right experience and expertise to prosecute cases that can end up in conviction of violators of laws. This set up becomes a principal deterrent in the commission of other crimes by those with criminal minds.

The reason why crimes continue to increase in our country is partly because the justice system is not able to respond properly in the conviction, correction and rehabilitation of those who commit crimes.

4.    The Public Defenders should at the same time be passionate Advocates in Upholding Human Rights of everyone including the accused whom they represent.

The very sad situation where many of those behind bars complain that they are languishing in jail even before they are convicted is partly caused by the failure of Public Defenders to call the attention of the court about the clear violation of human rights of so many accused whose cases are not speedily disposed of as they rot in jails with dehumanizing conditions. There are many reported suicides of detainees as I shared earlier in this blogspot.

Many accused who are poor and are unable to secure the services of private practitioners express feeling deeply aggrieved because their lawyers are not able to assert their rights.

Since many of them cannot afford to post bail bond they remain in prison sometimes even beyond the period of time of the possible penalty of imprisonment and yet their lawyers are not able to effectively do anything about it.

Considering the low pay of PAO lawyers compared with the Judges many of them just make PAO as a stepping stone until they qualify after a certain number of years of say five or ten years to join the Judiciary either as a first level court Judge or as a Regional Trial Court Judge.

In order to hold on to Public Defenders to remain as such as they gain experience and expertise;  they must be given pay increments equivalent to Judges as they stay longer in their posts thereby they become really good in defending their clients no matter how poor are those accused.

Knowing that it takes a very long period of time before our government can act on proposals like this, it is important for us to continue to monitor how the cases especially the plunder cases are being administered by the various administrators of justice.

Let us not get tired of pushing for the much needed transformation of our justice system. We do believe  that our Almighty God is leading us to the right path given the many challenges nowadays where the people are learning about the importance of the Rule Law and the Democratic System where the role of the Judiciary as an independent branch of the government is very vital.

Proverbs Chapter 3 verses 5 to 6 states: “Trust in the Lord with all your hearts and lean not unto your own understanding, in all your ways acknowledge God, who will direct your path”.

Dory Cruz Avisado
7-12-14   

KEY FACTORS FOR JUDICIAL REFORM (Part 3)

As we celebrate the 116^th Independence Day of our beloved country this year, I find it truly ironic that we are still talking about attaining judicial independence. This is a clear manifestation that we have not still attained genuine democracy where the Rule of Law is a way of life and embraced by the whole Filipino nation. It is very clear that we are still in this messy situation because of political patronage. The sad part is that many of those not observing the Rule of Law are people in government, who are even involved in the administration of justice.

Still, advocates for transformation of the justice system, find much consolation nowadays that there is a widespread discussion on what ails our justice system particularly, the judiciary.

It is unfortunate that  misuse of the people’s money is of such staggering proportion when so many are wallowing in poverty - many of whom are innocent and young children. Many advocates believe that if the justice system is working the way it should, this would not happen.

Indeed, the degree of  corruption in government being revealed, in what we pride as a predominantly Christian country, is mind boggling. Somehow we appease ourselves that with the filing of cases against some of those involved with promises of more cases to come, we see rays of hope in our country. Things are moving now unlike the previous years;and with those matters being openly discussed, more people are informed and educated about the justice system.

Many people, including media practitioners are learning about the need to respect and uphold the Rule of Law. Thus, there is a need to have independent bodies and institutions tasked in the administration of justice.

The filing of cases of plunder and violation of laws on anti graft and corrupt practices, against several political leaders, while lauded by a huge sector of our society, also brings so much controversy. Even the National President of the Integrated Bar of the Philippines concurs with the observation by many, especially those now charged of plunder, that there seems to be “selective justice” under the present administration.

The Department of Justice Secretary points out that other cases shall be filed very soon even against administration allies. Secretary Leila De Lima stressed that the three senators from the opposition are only the first set of accused considering that the evidence that got into their hands pertain only to them.

It can be recalled that the evidence against those charged with plunder only got into the hands of the government thru the National Bureau of Investigation because of  Benhur Luy,  who is a complainant against Janet Lim Napoles  in a case of Serious Illegal Detention. The pork barrel anomalies were discovered by the NBI thru Benhur Luy and the other whistleblowers.

We thank God for the whistleblowers who are now providing the evidence needed for the cases filed, and others which will be filed soon. They are also instrumental in bringing to the public’s attention the whole pork barrel anomaly. We are also thankful that the Supreme Court already ruled that the pork barrel practice, the PDAF, is unconstitutional.

The various sectors of society appear to be now  more empowered in demanding from government how the justice system should operate. People are saying no to selective justice. People are asserting that friends and foes alike must be made to face the consequences of their illegal and anomalous acts.

People are watching the moves undertaken by the courts and all those tasked in the administration of justice. This is truly a good and exciting development in the history of our nation.

For the Transformative Justice Institute and the advocates of Judicial Reform, the 116^th Independence Day celebration in our country will mean a stronger commitment and more deliberate and purposeful actions that can lead to judicial independence.

It is a well known fact that the selection, appointment and promotion processes of judges and justices is not freed from partisan politics despite the clear intent of the 1987 Constitution.

Article Vlll Sections 8 and 9 of of the 1987 Philippine Constitution provides the following:

“Section 8. (1) A Judicial and Bar Council (JBC) is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.

(2) The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Xxxxxx

(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of its proceedings.

(4) The regular Members of the Council shall receive such emoluments as may be determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations of the Council.

(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation.

For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.”

The above-quoted provisions of the Constitution, if ethically observed and duly complied with, bearing in mind the check and balance role of the three branches of the government and freed from any form of partisan politics, should have a been a key factor in attaining Judicial Independence. As we all know, that is not the situation right now considering that politicians would oftentimes assert their influence in the selection, appointment and even promotion of Judges and Justices.

It is a well known fact that in the recent past, most applicant for positions in the Judiciary get endorsements  from known political leaders. Some politicians influence members of the Judicial and Bar Council to include in the list of Nominees their favored candidate.

There were reports that some members of the JBC themselves suggest to applicants to get the endorsements of certain politicians. Worse, when the favored applicant is not included in the list of Nominees forwarded by the JBC to the Office of the President in Malacanang Palace, the same is returned back to the JBC, who reportedly kowtow to the dictates of the palace. Ergo, the desires of partisan political leaders oftentimes succeed thus, those who get appointed  feel beholden to those political leaders. As a result those judges or justices tend to give back favors by giving in to requests of favorable decisions or judgments for their poltical patrons or their allies.

NGO groups succeeded to a certain extent in pressing for transparency in the process of selection and nomination by the JBC. But stories like that of a highly qualified MTCC Judge overdue for promotion still abound. Many applicants for appointments or promotion in the Judiciary share  similar experiences with little variation from the following story which I am personally aware of.

The female Judge who rose from the ranks having been a Branch Clerk of Court, Public Prosecutor and later City Judge applied for appointment as Judge of the Regional Trial Court (RTC) in a city in Mindanao. She only applied for promotion after eleven years as a city judge. Since she was  awarded by the Supreme Court and the Foundation for Judicial Excellence for outstanding performance, the JBC nominated her as number one in the list. She is highly qualified for promotion and many lawyers found it strange that she was not promoted despite repeated nominations from the JBC.

The organization of women lawyers  in the locality who kept  on endorsing  the Judge everytime she fails to get the appointment from the Office of the President conducted some discreet investigation.

Later, the lawyers group learned that the one blocking the appointment of the highly qualified female Judge is the Mayor in their locality. The reason being that the Mayor believes that the relatives/family of the Judge are followers/voters of his political opponents. The Judge upon reaching the age of 70 availed of compulsory retirement only as City Judge. What happened in her case is also a clear injustice due to patronage politics.

In discussions on DEVS, Development thru Enrichment of Values and Spirituality, involving true to life stories like the one shared above, advocates cannot help but stress how lovely and peaceful are the lives of those who deserved promotions but are blocked for wrong reasons. The nominees remain at peace with such gentle and quiet spirit.  On the contrary, lives of the political leaders who abused their power and connections are so messy and even their family members are deeply troubled.  

Filipinos coming from all the sectors of society need to join hands to completely put a halt to this culture of political patronage especially among those charged in the administration of justice.

Given the allegations of “selective justice” even among politicians who are entangled in the present justice system, all political leaders of whatever party must now realize that it is important to ensure that there is judicial independence so that when they face any form of charges, they will feel confident that those who will hear their cases will merely consider the facts, as supported by evidence and the applicable laws. Political leaders must support the call for Judicial Independence.

Colossians 3 verses 23 to 25 of the New Testament admonishes:

“ Whatever you do, do your work heartily as for the Lord rather than for human beings, knowing that from the Lord you will receive the reward of the inheritance. It is the Lord Christ whom you serve. For they that do wrong will receive the consequences of all the wrong which they have done, and that without partiality”.

 Dory Cruz Avisado

6-12-14