OFF THE BEATEN PATH
The recent revival and expansion of the Philippine Supreme Court's Justice on Wheels’ program, now called REAL Justice, resonates deeply with me, not only as a lawyer, but also as a citizen acutely aware of the challenges plaguing our legal system. This initiative transcends the realm of mere policy; it represents a provocative and long-overdue shift towards a more inclusive and accessible justice system for all Filipinos.
The very notion of injustice anywhere being a threat to justice everywhere underscores the inherent connection between the abstract principles enshrined in legal frameworks and the lived experiences of ordinary Filipinos. While the legal profession often carries an aura of authority and tradition, it can at times appear divorced from the realities faced by those seeking its protection, particularly those residing in geographically isolated areas. REAL Justice serves as a powerful reminder that justice is not a destination confined within the walls of courtrooms, but a fundamental right that must be accessible to every Filipino, regardless of their zip code.
From backlogs to breakthroughs
The Philippines grapples with a significant backlog of court cases, creating a context where innovative solutions are crucial. We also recall the 2009 attempt by the Supreme Court to mandate pro bono legal aid, highlighting a critical need for affordable legal representation. This initiative faced challenges due to concerns from the legal community and difficulties in establishing clear implementation guidelines, ultimately resulting in its indefinite suspension. Importantly, the complex issue of lawyer killings and its chilling effect on the legal profession further underscores the risks faced in ensuring access to justice.
REAL Justice is a critical step forward. Far from being an isolated initiative, it builds upon the legacy of the Justice on Wheels program. The visionary approach of the Supreme Court complements measures undertaken by the legislative branch program such as Judges-at-Large Act of 2019 amending the Judiciary Reorganization Act of 1980 and the Republic Act No. 11691 or the Judiciary Marshals Act, among others. The technology-driven reforms of the judiciary’s leadership rightly use a multifaceted approach that is cognizant of the challenges posed by digital literacy gaps and limited internet access.
Judicial neutrality and departure from the ‘Demigods of Padre Faura’ image
Public perception often depicts justices and judges as figures operating in enclaves, detached from the public eye. This, to a certain extent, is partly explained by the principle of judicial neutrality, which necessitates judges to remain objective and impartial in their rulings. We do not frequently see them in public discourse or demonstrations, as such actions could be misconstrued as swaying their objectivity. However, it is inaccurate to say that their distance necessarily translates to a lack of understanding of societal issues. Magistrates, through their engagement with countless cases, legal research, and immersion in the intricacies of the law, remain deeply connected to the realities they adjudicate.
As we welcome the increased visibility of our justices as part of their Strategic Plan for Judicial Innovations (SPJI) 2022-2027, the Chief Justice Gesmundo’s reservations to that imprecise image in a 2022 forum is telling: "For a long time, we are the gods of Padre Faura. That is a misnomer. We are not gods, we are not infallible. But, like what was said, we have to descend from our perch to be able to reach out to the people." This determination signifies the judiciary's commitment to embracing proactive engagement with the public they serve. The principle of judicial neutrality remains paramount, but access to legal representation is being strengthened for those who need it most.
A daring construct
REAL Justice is a bold experiment with the potential to revolutionize access to justice in the Philippines. By acknowledging the inherent challenges and working towards solutions, REAL Justice can evolve into a truly transformative program, embodying the essence of law itself: a construct, yes, but one that dares to be effective in pursuing a just society for all.