PAGBABAGO
Dr. Florangel Rosario-Braid
We have heard the story of a poor man who when asked what he preferred - justice or food on the table. Unhesitatingly, his reply was “Justice.” Because with justice, I am assured there would be food on the table.
The heart of sustainable development, the kind of development that meets the needs of the world’s poor, is justice and equality.
“But the country’s flawed justice system is the biggest stumbling block to our development,” says human rights advocate and former law dean and professor, Jose Manuel Diokno, who notes that “corruption continues to persist due to our weak justice system.”
This year, the country’s ranking in another pillar of justice - the Rule of Law, had improved, as it is now ranked 97th out of 140 countries, according to the World Justice Protect Rule of Law Index. But we still remain one of the weakest in Asia and the Pacific, 13th out of 15 in East Asia, and at the bottom together with Myanmar and Cambodia.
The Philippine National Police takes credit for this ranking which it attributes to the improved performance in order and security. This is the first time since 2015 that the country’s score on rule of law improved after consistent drop over the past six years during the Duterte presidency.
On penology, the other pillar, the situation leaves much to be desired. The Commission on Human Rights recently urged the government to look into the welfare of inmates at the facilities across the country after a recent Bureau of Corrections reported that three to four persons die in their custody everyday this year alone. The report also revealed that a record-breaking 1,666 out of 48,501 persons deprived of liberty died in their custody last year, the highest in 32 years. Then there is the recent revelation about the Bilibid gangs who kept 7,512 cans of Red Horse beer inside the prison and sold them to inmates for ₱1,000 per can.
Let me again cite my experience while working on a consultancy project, Action Program for Judicial Reform (APJR) with the Supreme Court under the watch of former CJ Hilario Davide Jr. during the mid-2000’s. The Project, IEC Support to Access to Justice by the Poor, a collaborative project involving DSWD, DILG, DOJ, the Supreme Court and Alternative Law Groups, with funding from the European Commission, was the refinement of the system of availing justice so that it can be made accessible to the poor, and to institutionalize it in various municipal courts of the country. The project addressed the need to popularize the technical language of the law as well as improve the efficiency of its delivery. Municipal information officers were trained to coordinate the activities. But the flow gets stalled at the prosecutor level. Either the latter is unable to attend the trial because of illness or is asked to be a wedding sponsor. A similar experience was shared by a lawyer at the Ampatuan trial to explain the much delayed justice.
But like many development projects, it lasted only for a few years.
The above may explain why despite worthy intentions, our justice system had been unable to measure up to our expectations. Especially that of ensuring equal rights to vulnerable groups – women, children, people with disabilities, minority ethnic communities, and the poor.
Perhaps too, public support of the drug war may explain people’s disillusionment with the justice system. Narco politics, extrajudicial killings, warrantless arrests continue to stress the already overburdened justice system.
My email, [email protected]