The Philippine Justice System -- from the Grassroots to the High Courts

When the law enforcers themselves are neither upholding nor protecting the integrity of law, what kind of future does this project for a 3rd world society already prevalent with crime and corruption? I do not wish to make generalizations because I know for sure that there are a few good men out there who take their responsibility seriously -- I would just like to highlight the circumstances that we see happening every now and then.

There are two simple things I'd like to point out. First, we witness our very own police in the streets accepting bribes from motor violators everyday. Second, we witness the recent sacking of serveral justices in the Court of Appeals due to severe ethical misconduct in the handling of the Meralco-GSIS case. This implies, for me, that from the grassroots to the high courts, the Philippine justice system is weak and rotting.

Let's take a glance on how crime is dealt with from the bottom to the top. As mentioned, enforcement agencies prefer to look the other way when faced with a law-violating citizen for two reasons: one, he has a handful of bills in his pocket to offer, or two, either he is a government official or related to a relative of a government official, which also means he has a handful of bills to offer. It's not that the policeman has no integrity whatsover, it's just that he would rather feed his children than go through the hassle of ticketing or jailing. Take note that a large percentage of our police live in squatters areas -- their salaries are barely enough to maintain a family, and they may have not been sufficiently trained to meet the demands of such a challenging job. In short, our enforcement agencies have not been granted enough incentives to give them the necessary push and encouragement to uphold the law. At the grassroots then, poverty becomes the source of injustice -- from the perpetrator to the law enforcer. Therefore, criminals are not caught.

Now if criminals do get caught, here's what happens: if he has the money, he gets a good lawyer -- good enough to have him bailed. If he has the means, he taps his politically-affiliated uncle, who taps the presiding judge -- pressured enough to have the case dismissed. If none of the above applies, his case gets backlogged among the numerous others, and the legal process will just go on forever. Therefore, the guilty are not punished.

From private citizens, we move up the ladder and see how it works with public officials. It's just so ironic that it is they who are richest commit the gravest crimes to the country. With the vast amount of resources in their control, they have the most capability to get around the law and cover up any wrongdoing -- when in fact, with that vast amount of resources in their control, they have the least reason to commit a crime. And how can this phenomenon of corruption be prevented, if the executive itself appoints the judges from the RTCs to the CA -- more importantly from the Ombudsman to the Sandiganbayan, even the Supreme Court! The creation of the Judicial Bar Council and the Commission on Appointments is supposed to address if not remedy this concern, but it seems that it is not able to do so effectively for the same reason. Everything then boils down to a matter of influence-peddling -- the judiciary gets filled up by people who are either on the side of who holds the highest power or are politically connected to anyone loyal to the administration. Therefore, competence, honesty, and integrity in the Philippine judicial system gets highly compromised.

We give the SC due recognition for the strict housecleaning it has implemented with regards to the CA justices involved in the Meralco-GSIS scandal. But then again, can we say that they acting independently or on the dictates of a higher order? What can be said about the so-speculated uneven treatment given to the justices involved, and did all of them really deserve this? Is it really a bold move with a sincere intention to wipe out corruption or are they just putting up a clean front? The justices have been dismissed, but the decision that was rendered due to their "careless and unethical behavior" remains in effect. The judiciary can redeem itself by making the necessary corrections to the final ruling, acting on its own accord at that. I'm not sufficiently informed about this issue to say anything more.

What I suggest: 1) allot a bigger budget for our enforcement agences, coupled by a rigorous screening, training, and evaluation process, and 2) strip the President off her powers to appoint members of the Judiciary.

The Power of Executive Privilege

The Supreme Court has firmly upheld its decision to protect Romulo Neri under his claim of executive privilege, following the appeal of the Senate for reconsideration last March. Nine out of fifteen justices voted for it, while only six were against it. For whatever's sake its invocation sought to hide from the public, executive privilege has become the newest and most effective alibi on the side of power trippers in the government.

Quoting from an article in inquirer.net, executive privilege is so defined as: "...the power of the President to withhold certain types of information from the courts, the Congress, and ultimately the public. The types of information include those which are of a nature that disclosure would subvert military or diplomatic objectives, or information about the identity of persons who furnish information of violations of law, or information about internal deliberations comprising the process by which government decisions are reached." Therefore, even if "internal deliberations" or "government decisions" equate to ugly forms of bribery, deceit, and mass corruption, such information may pass through the loophole of this privilege and remain undisclosed. Executive privilege then becomes tantamount to a potential safety net for criminals.

I wish to be fair to our Judiciary, for I have great respect for Chief Justice Reynato Puno -- but I can't help but question their credibility sometimes. The judicial body may be considered as the most powerful branch of the government, for it has the authority to override both the executive and legislative, and declare both functions unconsititutional if necessary. However, what bothers me about the current system is that judiciary's independence may be greatly compromised, given that each and every judge and justice is appointed by the President.

In the case of the ZTE deal, the transparency and accountability that the executive has bypassed could have been revived by the Supreme Court. The three questions that Romulo Neri has refused to answer would have shed more light on the role of the President, and such a refusal only seems to reflect her guilt. From where I stand, I cannot see how the silence can protect "internal deliberations", but I can see how disclosure can give away the truth -- which is a matter of public concern. At first, I trusted the discretion of the Supreme Court on this issue -- but now it is just disappointing to know how this move can become another groundbreaking path for even more back-end deals and anomalies in the government. Though executive privilege does maintain the constitutional doctrine of separation of powers, it has greatly undermined the principle of check and balance -- the very purpose for which powers have been delegated among the three different branches.

I actually can't say if I can blame Neri for keeping quiet under all sorts of pressure from the administration, while witnessing the fate that has befallen Lozada. Columnists however, have being pointing out the fact how Neri has been rewarded the post of Social Security System head, and Lozada is... I don't even know where or how he is. Maybe still under the support of the religious but surely still on guard for his and his family's safety. It is so ironic, and disturbing, that those who have gathered the courage to blow the whistle are the ones who have received the biggest blows to their lives.

Maybe I take back the complaint I posed against the legislative in a previous entry, for it may indeed be very difficult to make remedies against a spectacular power juggle by the executive. However, they may focus on other underlying issues that has led to the ZTE deal, like the procurement system or foreign loan policy. Yes, stopping the ZTE deal from pushing through is a major feat, but stopping such occurrence in the future is an even greater triumph. The current setup may be hard to battle, but the roots can be fixed, little by little.

Now the infamous Jocjoc Bolante has been subject to deportation by the US CA, possibly facing a warrant of arrest by the Senate -- and the administration shrugs. Executive privilege can be invoked anyway.

My Proposal for a Better Philippines

I recall doing a paper for my Political Science class in college, about which institutional reforms would you propose to correct or improve any aspect of Philippine governance. I just thought about posting a portion of it, in light of a conversation I had with my officemates on the way home last night. I believe this was written in the context of the ZTE Scandal. This is something I have always stood by -- authoritarian rule.

*****

Probably the most drastic change that I would like to pursue is a shift to an authoritarian-democratic hybrid model. Discipline is the one thing most lacking in today’s Filipinos. We constantly blame our government officials but we do not fully realize that change must begin with ourselves. A moral revolution must take place not only in the political arena but also in the whole of society as well. It is time to have constant and uncompromising regard not only for what is legal but for what is right. Also, I think that now is the time to look at the larger picture and not only see through the very narrow perspective of the self. I believe in Ferdinand Marcos’ tagline back in the ‘70s: “Bayan muna bago ang sarili”. I personally admire what he advocated for and what he did for our country in the early years of his presidency and in the early years of martial rule. Indeed, I have faith in the miracle of an iron fist; therefore I firmly believe that some rights and activities of the citizens should be suppressed, if that is what it takes to bring about change in the country. Freedom must be constrained to some extent in the present in order to promote authentic freedom in the future. Discipline must be enforced rigorously, laws must be imposed strictly, punishment must be imposed severely – there must be no room for leniency or else people will continue to slack off and will continue to think that they can get away with wrongdoing. Given as well the situation of prevalent corruption in the administration, authoritarian rule would be good for our country as long as the right leader is put in place.

Of course, there is great danger in a purely authoritarian regime given that it may be characterized by the absence of a limited mandate, and Filipinos are probably the best witnesses to the fact that absolute power can be obsessive and addicting. Ferdinand Marcos was a very brilliant leader, and our country was already on the road to progress, but bigger problems came about when he eventually refused to step down from the presidency. In order to remedy this, I propose that the electoral process must still be maintained. This must also be accompanied by the two-party system that I proposed earlier. The case of Singapore among others proves that there can be authoritarian regime with relatively non-dictatorial leadership; and now we can only look in awe at the amazing developments that took place there under then Prime Minister Lee Kuan Yew. Hence in the hybrid model I propose, people can still elect their leaders and the leaders will only serve for a given number of years in office. This still preserves some elements of democratic rule and still provides venue for people participation – but the political system must limit their political, and maybe even a few aspects of their social, freedoms.

This is something that I have always believed in – I recall doing a research paper on the benefits and successes of Marcos’ authoritarian rule back in my first year of college. The only very crucial question is who, at this point in time, will be in the best position to rule the country under such an institutional arrangement.

State Failure #n

The controversial Memorandum of Agreement on Ancestral Domain (MOA-AD) between the GRP and MILF has left tons of innocent lives in ruins. Not to mention that it has put the Mindanao peace process on the brink of suicidal death. Much to our shocking surprise, no one is taking responsibility for this mess. The president's name is yet again being shielded from harm and her role being kept in the dark -- when in fact, it is quite glaring I believe, that this adminstration has concocted one big plan out of one ambitious hidden agenda, and everything just simply went wrong. Now, they are again weaving one unconvincing fairy tale beset with inconsistencies and name-pointing and hand-washing -- ah, the trademark of liars.

The MOA-AD was supposed to have been formally signed by both parties in Malaysia until the Supreme Court issued a TRO to fully investigate the contents of the agreement. Yes, it would have had taken effect admist mass protests by possibly affected residents in North Cotabato, to whom the stipulations of the MOA were not clearly defined, communicated, and consulted. It turns out then that the constitutionality of the said agreement was very questionable -- as it would have granted the Bangsamoro Juridical Entity (under the MILF) a Bangsamoro Homeland, over which they would have possessed almost full autonomous powers. Some of which are the authority over foreign affairs, economic policy, their own currency, own police force, among many others.

The government claimed that the MOA would not be signed "in its present form", but a Charter Change may be needed for it to push through. Federalism, in particular, was the major change they were advocating and, it seemed, hurriedly pursuing -- as they declared that it could be and should be implemented before 2010. Perfect way to have the President's term extended, so speculated by opposition lawmakers. And I would have to agree -- for a while there, the administration used the peace process as a justfication, or better yet an excuse, to have the constitution revised.

Meanwhile, the MILF on the other hand, claimed that it was a "done deal" -- and hence threw a raging tantrum on several villages in Lanao del Norte and Sarangani. Just like a child being deprived of his lollipop, so they say.

Now because the SC has pulled a fast move on them, officials are now saying that the MOA would not be signed in its present form and "in any other form", that the president knew NOTHING about this (when in fact she actually bragged about breakthroughs with the MILF in her SONA, when in fact foreign ambassadors were invited to witness the signing), etc etc etc. Talk about another series of damage-control tactics, treating the Filipinos as if they were stupid, etc etc etc.

For this government, I've not much to say anymore. Okay, so they failed to protect the people. Actually, come to think of it, "they failed" is not the right phrase -- because they themselves have created this problem -- they have put the people in harm, out of their own doing, out of their own motive who knows what. It's state "failure" for the nth time at the nth level. What will it take for them to just simply do things right? The quality of their conscience no better than that of the MILF.

Gloria Arroyo has recently been ranked 41st among the most powerful women in the world, and rightly so for a president who has survived a series of impeachment complaints, coup attempts and corruption scandals more than any other. To what ends shall she go just to hold on to power? It won't come to my surprise if I see her successfully wiggling her way out of this Mindanao mess and eventually silencing the issue -- that is, without justice having been given to the victims. And what about our legislators? What have they done to prevent such blatant abuse of power from occurring and recurring? The Hello Garci has gone by, the fertilizers, the swines, the ZTE -- have the remedies been put in place, and if so, why are the perpetuators still stably entrenched in the bureacracy?

So now, who will fix this mess? A lot of civilians have suffered, a lot of villages were ripped apart, a lot of futures have been destroyed -- all in the name of peace?