Beyond Loyola

Behind Courtrooms

By and
Published August 25, 2010 at 4:28 pm

The Department of Justice is now beneath a yellow spotlight as a brand new pair of eyes oversees it. In his first State of the Nation Address, President Noynoy Aquino promised to investigate hispredecessor’s alleged wrongdoings.

But beyond the more publicized graft and corruption cases, street crimes continue to happen, human rights violations go unreported and suspects remain at large.

The stories of the victims, affirmed by the statistics, do not lie. The country’s justice system is going through great struggles even behind the courtrooms.

Calls for order

For Commission on Human RightsExecutive Director Jacqueline Mejia, cases take a lot of time to be solved because “the trial itself is a long and tedious process.” According to her, throughout the whole trial, the suspects arepresumed innocent until proven guilty.

“And then, lawyers will be hired … and it will take a long time,” she said in a mix of English and Filipino. Associate Graft Investigation Officer Lourdes Estonato also adds that some cases are just complicated. The fertilizer fund scam, for instance, has 157 suspects. “Akala nila ganoon lang kadali. Ang kaso mo nagsasanga (They think it’s that easy but the case branches out).”

Furthermore, many criminals manage to escape and most suspects resort to hiding.

Justice for the rich

Poverty is yet another cause for trouble. Mejia says that in a study by the Free Legal Assistance Group three years ago, it was found out that those given capital punishments like deathpenalty are mostly from the lower socio-economic class.

Even Justice Assistant Secretary Geronimo Sy agrees with Mejia and said that the poor are really at a disadvantage when it comes to justice. “Each case greatly relies on the need for money.”

“When you are a complainant and you don’t have resources, sometimes you tend to just let things be,” Mejia says.

Distorted and dragging

The system itself outlines a distorted image of a supposedly fair democracy.

Rosario Alday, a Batangas provincial prosecutor, says that most of the pressing issues and problems in the system come from the key players of the administration of justice. She cites examples like corruption, the padrino system, and indolence.

“70% [of the judiciary] are principled and true to their call. 30% are not,” she says.

Moreover, Mejia notes that even those tasked to uphold justice are sometimes incompetent. “Not all [law enforcers] know human rights standards. They need to be trained and educated.”

Silver linings tainted with yellow

Despite the inefficiencies and irregularities that remain in our current justice system, the new administration showed signs of positive change in the name of justice, at least against graft and corruption.

Last July 31, Aquino issued his first Executive Order (EO) in line with his candidacy platform of eradicating corruption: the Philippine Truth Commission of 2010. EO No. 1 will “investigate reports of graftand corruption.”

Headed by former Chief Justice Hilario Davide, it sets December 31, 2012 as its deadline to settle all cases, including allegations against former President Gloria Arroyo.

When asked if she thinks a case would be filed against the former president, Estonato answered. “Ang korte ng Pililipinas kasi, hindi ganoon kadali (The Philippine court [proceedings] are not easy.).”


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