KEY FACTORS FOR JUDICIAL REFORM (PART 7) JUDICIAL COMMISSION

There are many encouraging developments in the area of Judicial Reform that I see other than the impressive decision of the Supreme Court in the case involving the pork barrel funds.

A friend of mine, who very recently shared a lot of horror stories still going on in all   levels of the courts, expressed that she does not hope that genuine Judicial Reform can still take place during her lifetime. She is younger than me. I told her, “While I am older than you are, I believe otherwise.”

So, despite the painful stories of injustices that continue to happen in our midst, we shared some wishful moments about what the future has in store for our country, particularly in the area of transformation of the Philippine Justice System. I told her that what I cling to, is a Christian hope which I have elaborately discussed in the books JAJA, Justice for Arbet, Justice for All and the Intertwining Culture of Corruption Patriarchy and Impunity; Journey in the Advocacy for the Transformation of the Justice System.

I fully believe that for as long as we continue with our persistent advocacy and do concrete actions for the needed reform, particularly in countering the present intertwining culture of corruption, patriarchy and impunity; positive transformation can still happen in my lifetime. God will surely grant our hearts’ desires. Nasa tao ang gawa, nasa Diyos ang awa. Roughly translated that means, for as long as we the people continue to act and do the needed things to achieve what we aspire for, God being merciful, will bless the same.

The Transformative Justice Institute (TJI) is persistently doing its part in working for the much needed reforms. We have several concrete proposals that we have been discussing lately with various groups and sectors which are fully supportive of the much needed Judicial Reform. We have prepared a package of proposed reforms in order to be ready at anytime once amendment to the constitution will materialize hopefully through Constitutional Convention. One of such proposals is the creation of Judicial Commission.

 Judicial Commission is an important structure that is designed to hear cases of justices, judges and court personnel. Only cases of the Supreme Court Justices, who are impeachable officials, will not fall under the jurisdiction of the Judicial Commission. All the rest of the judicial officials and personnel shall be covered by the Judicial Commission. The Judicial Commission may consist of twelve members, with four divisions of three commissioners for each division, assigned in the National Capital Region, Luzon, Visayas and Mindanao.

All of those who hear our proposal in this regard, totally agree with the concept. This is because of the very weak system that we presently have in the administration of cases of justices, judges and court personnel due to the prevailing palakasan, bata-bata and padrino system. People are aware that abuse and misuse of fraternity ties is also prevalent in the administration of cases of judges, justices and court personnel.

Many fraternity members I interviewed before I wrote the book Intertwining Culture of Corruption Patriarchy and Impunity; Journey In the Advocacy for the Transformation of the Justice System admit that they place brothers in their fraternities in strategic positions so that they would be at an advantage whenever they have cases before them. Those strategic positions include the various levels of the judiciary.

The present set up is, when an aggrieved party would file an administrative case against a Justice of the Court of Appeals for instance, or a Judge of the Regional Trial Court or a Municipal or City Trial court, the same is lodged before the Office of Court Administrator (OCA) of the Supreme Court. The Court Administrator conducts the investigation and makes the recommendation to the Supreme Court on what action to take.

Many people complain that administrative cases are not properly acted upon due to the palakasan, padrino, bata-bata and the misuse and abuse of fraternity ties, which sometimes start from the OCA.  As a result, many people are losing faith in the judiciary due to its inability to act with impartiality in many cases involving one of its own. While many people air their complaints against judges and justices, they are not keen on filing administrative cases on the notion that nothing positive can come out of it anyway.

Partiality in the administration of cases involving judges and justices are reflected and manifested in many cases, including those that involve court stenographers who complain against judges who are charged of sexual harassment.

A very good example of this situation is shown in one case committed by a Davao City Judge against a Court Stenographer. The court stenographers sought for the inhibition of the Court Administrator at that time, in investigating the case because of his friendship with the respondent judge who is his brother in the fraternity. So, the case was referred to a Court of Appeals Justice despite the persistence of the Court stenographers for the case to be heard by the CODI-Committee on Decorum and Investigation under Republic Act 7877, the Anti Sexual Harassment Law.

The Supreme Court granted the Motion of the respondent judge not to allow the CODI to hear the case. Instead, the Supreme Court directed a Court of Appeals Justice to conduct the hearing.

The Court of Appeals Justice was fully convinced that the stenographer told the truth and that the quantum of evidence she presented in the administrative case is more than enough to hold the respondent judge liable for sexual harassment. Despite the recommendation for suspension of the Judge made by the Court of Appeals Hearing Officer, the Supreme Court en banc disregarded the same and dismissed the case against the judge.

Many cannot believe the highly discriminatory policy which the Supreme Court laid down in said sexual harassment case as it pronounced that the quantum of proof that should have been presented is equivalent to that required in criminal cases, because the respondent is a judge. It is in that case where I heard an Executive Judge expressed embarrassment for the judiciary. He stated that the decision makes it appear that the moral fitness required of judges or justices is lower than the other government officials.

The court stenographers believe that the Court Administrator who was already an Associate Justice of the Supreme Court at that time influenced the dismissal of the case. They no longer filed a Motion for Reconsideration as they claim that the same is just an exercise in futility. They just lifted everything to God.

Abuse and Misuse of fraternity ties can indeed cause a lot more embarrassment to the judiciary. It will continue to further erode the people’s faith in the justice system.

It is in this regard that an independent Judicial Commission becomes a necessity. With the sheer number of cases filed against judges, justices and court personnel; the same should be taken out of the Office of the Court Administrator.

The Office of the Court Administrator (OCA) is so loaded with a lot of other tasks. Handling cases filed against judges, justices and court personnel must be taken out of its functions, duties and responsibilities.

To have a truly independent Judiciary the OCA must also be independent and not under the Supreme Court justices. This is another recommendation that we at the TJI is proposing which is another key area for judicial reform. This shall be the subject of our next article.

 

Proverbs 18 verses 3 to 5 state:

“ When wickedness comes, so does contempt, and with shame comes disgrace.

The words of a man’s mouth are deep waters, but the fountain of wisdom is a bubbling brook.

It is not good to be partial to the wicked or to deprive the innocent of justice.”

  

Dory Cruz Avisado

10-26-14

  

KEY FACTORS FOR JUDICIAL REFORM (Part 6) ON DEVELOPMENT THRU ENRICHMENT OF VALUES AND SPIRITUALITY (Part B)

Many Filipino citizens including media personalities have observed and commented on the unabated rise of criminality involving those who are tasked to implement the laws of our land. This clearly indicates that there is something very wrong with our criminal justice system. Indeed, we agree with this observation.

Many say that the processes of recruitment, appointment and promotion processes of those in government pillars of the criminal justice system are defective. This is also true.

There is inability to check way ahead of time the character flaws of those placed in positions of power or if there will be change in the character of those given power. This is also correct.

Many correctly observe that patronage politics, the bata-bata, padrino and the palakasan system are major factors for the weaknesses in the justice system.

Many social-media commenters appear completely hopeless, saying that there is no more chance for this country to change and develop. Many claim that we are doomed. Many have become bashers and ultra-cynical against everyone especially those in government.

We, at the Transformative Justice Institute, remain hopeful and grateful. We still interact with the many Filipinos who believe that ‘fear of God and the right values’  if present among those who are in charge of governing us, will lead  our country’s transformation for the better.

We are still fully convinced that most people in government especially those tasked in the administration of justice can turn into new beings who will abide with the Rule of Law, if their hearts and minds and consciences call.

In  trainings that TJI conducted, we asked participants to express how they feel about certain teachings of Jesus Christ like the one in Matthew 10:28, “Do not be afraid of those who kill the body but cannot kill the soul. Rather, be afraid of the One who can destroy both soul and body in hell’. Participants respond that the same teaching is very empowering. They say that this kind of teaching and admonition is important for them, especially the heads of offices to bring them to their senses.

There are two inspiring stories in the Book of Luke which we use in our trainings. The stories are of two men who were lost for a while but eventually mended their ways and were transformed.

The first story involves the prodigal son who squandered the money of his father. When he ran out of money, he found himself eating food that he thinks is not fit even for the servants in his father’s household. He repented, went back to his father and begged for forgiveness. His father forgave him. He changed and became a better person.

The second story involves Zacchaeus, the tax collector. Luke 19:1-10 tells his story,

When Jesus entered Jericho and was passing through, Zacchaeus was there. Zacchaeus was a chief tax collector and wealthy. He wanted to see who Jesus was, but being a short man he could not, because of the crowd. So he ran and climbed a sycamore-fig tree to see him, since Jesus was coming that way.

When Jesus reached the spot, he looked up and said to him ‘Zacchaeus come down immediately, I must stay at your house today’. So he came down at once and welcomed him gladly.

All the people saw this and began to mutter, ‘He has gone to be the guest of a ‘sinner’.

But Zacchaeus stood up and said to the Lord, ‘Here and now I give up half of my possessions to the poor, and if I have cheated anybody out of anything, I will pay back four times the amount”.

Jesus said to him “Today salvation has come to this house, because this man too, is a son of Abraham. For the Son of Man came to seek and save what was lost”.

Considering the intertwining culture of corruption patriarchy and impunity in our country, so many of us could have been lost yet seeking to be found. It is important to repent and commit to mend our old ways for the sake our country and our people. We can all copy the exampleship of the prodigal son and Zacchaeus.

President Benigno Simeon Aquino III, PNoy, loves to quote the ‘tuwid na daan’ mantra. In Matthew 7: 13 and 14, Jesus said, “Enter through the narrow gate. For wide is the gate and broad is the road that leads to destruction, and many enter through it. But small is the gate and narrow the road that leads to life, and only a few find it”.

We need to popularize the call for Values and Spirituality to be embraced by those tasked in the administration of justice especially those who pass judgment. What we discuss here are the Christian teachings because that is what I am familiar with. Besides that, most government officials especially those in the Judiciary profess to be Christians. Once they practice the teachings of Jesus change and transformation can happen.

I am aware that Islam also teaches uprightness and many of the Muslims I know are good leaders. There are many good Shari’ah court judges who also abide with the tenets of their faith and are able to serve well and uphold their sworn duties.    

When justices, judges, prosecutors, lawyers and law enforcers  and all those tasked in the area of law enforcement and implementation are straight and compliant with their functions, sworn duties and responsibilities, justice and peace will reign in this country.

Psalm 1 verses 1 to 6 states:

Blessed are the persons who do not walk in the counsel of the wicked or stand in the way of sinners or sit in the seat of mockers. But their delight is in the law of the Lord, and on God’s law they meditate day and night.

They are like trees planted by streams of water which yields its fruit in season and whose leaf does not wither. Whatever they do prosper.

Not so the wicked. They are like chaff that the wind blows away. Therefore the wicked will not stand in the judgment, nor sinners in the assembly of the righteous.

For the Lord watches over the way of the righteous, but the way of the wicked will perish.

Dory Cruz Avisado

9-12-14     

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