Honeyman: Public Opinion, Public Interest, Public Trust

Monday, December 19, 2011

THE Justice System

Speaking at an Integrity Initiatives Workshop held by Transparency International–Philippines recently, Ombudsman Conchita Carpio Morales invited delegates to look at the current issues in terms of the justice system as a whole.

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She sees the justice system as comprising five pillars. These are:

The community
The law enforcement agencies
The counseling services provided by the Department of Justice and the
Public Attorney’s Office
The trial courts
The penal and correctional system.

Morales laments that we lack a concrete institutional framework where all pillars can operate like a system of interlocking gears and wheels to move forward. The independence of the pillars should not be viewed in such a manner as to isolate one from the other, she said.

Morales went on to say: ‘We have heard many disturbing reports of corruption, abuse or incompetence by members of the different pillars of the justice system and these reports may unduly result in the erosion of trust in the system. Unless we address them, questions about the integrity of the system will haunt us. Corruption is the true enemy.’

At the same meeting, Integrated Bar of the Philippines (IBP) General Counsel Ramon Esguerra offered a more parochial view. He stated that the attacks made by President Aquino against Corona were an assault against the legal system. ‘We view the populist more for the ouster (of the Chief Justice) as mob inspired’ continued Esguerra.

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The Chief Justice

PNoy’s speech of 5 December to the justice summit was effectively saying to Chief Justice Renato Corona.

‘Either resign now or you may expect to be impeached.’

PNoy stated, in essence, that GMA did not have the authority to appoint the Chief Justice within two months of the presidential election [quoting Article VII Section 15 of the Constitution].

In his speech at the Supreme Court steps last Wednesday, Corona stated that due process was observed in relation to his appointment as Chief Justice. We disagree. Our understanding of due process is that it comprises fair treatment through the normal judicial system. As many stated at the time of Corona’s appointment, GMA was acting unconstitutionally and therefore due process was not observed.

We believe however, that the argument presented by the Supreme Court (SC) in seeking modifications to EO1, the establishment of the Truth Commission, had validity. The Truth Commission as envisaged in EO1 was a Truth Commission designed to go after Arroyo to the exclusion of all others. The SC decided this was unconstitutional and made recommendations as to changes that Malacañang needed to make. These modifications were not, in my opinion, irksome. PNoy, however, decided not to make them. We cannot agree that the SC was being unfair in this instance.

Sidelining EO1 was probably a blessing in disguise. Experiences in other countries show that Truth Commissions only work in non-adversarial situations.

Arroyo, even if she agreed to attend, would not have been non adversarial. But we believe that, overall, the community, or the Court of Public Opinion, gives the Supreme Court a failing grade. Philippine Air Lines vs. its Employees’ Association, controversial cityhood applications and the TRO allowing Arroyo to travel are enough to indicate a fracturing of public trust.

When Ombudsman Morales talks in terms of reports of corruption, abuse or incompetence resulting in erosion of trust in the system, we cannot, sadly, exclude the Supreme Court from these strictures. The Senate will begin its impeachment proceedings on 16 January.

The Impeachment Complaint

The impeachment complaint against Chief Justice Corona contains eight paragraphs. In summary, these state:

Partiality towards Arroyo

Failure to declare a statement of assets, liabilities and net worth
Failure to show he is a person of proven competence, probity, and independence by causing flip-flopping in final and executory cases.
Attempting to block the House of Representatives in the case of former Ombudsman Gutierrez
Gerrymandering in cases involving 16 newly-created cities and upgrading
Dinagat Island into a full-blown province. Will Lakawon be next?
Inappropriate handling of the Associate Justice Mariano del Castillo plagiarism case
TRO issuance for Mr. and Mrs. Arroyo
Failure to account for the Judiciary Development Fund.

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What we want from the justice system

Ombudsman Morales has defined our dysfunctional justice system more succinctly than we have seen elsewhere.

Her definition of the problem is of great potential help in identifying improvements that may be made.

One obvious area is that interaction between Morales’ pillars could be made stronger and more cohesive. All branches of government should be involved so as to make this happen.

The community has many requirements of the justice system. We want fairness. We want a Barangay Taculing housewife in Bacolod to have equal opportunities and treatment under the law as the Alabang Boys. We also want the justice system to be effective. Specifically, we want it to prove the adage that crime does not pay.

We require that when there is a straightforward situation of a complainant being wronged by person or persons who are known, the case can reach a trial.

We do not want the case to be blocked by a venal and/or stupid Fiscal.

We want the justice system to find the truth. This is one of its greatest areas of dysfunctionality at present.

We want the justice system to operate with a reasonable tempo. The horrific Maguindanao massacre case, with its lack of progress, is symptomatic of a faulty process. Public opinion and public interest require that justice is achieved expeditiously.

Because the justice system’s search for the truth is so ineffective, untruthfulness is encouraged since it is so often successful.

Vehement affidavits, packed with lies, have every chance of being believed.

What we require in the future from the Chief Justice, whether it continues to be Corona or someone else, is that he has a strongly hands-on management philosophy relating to all aspects of the Judicial Branch of government. He should also be proactive in recommending improvements in the interfaces between the Judicial Branch and all sections of the community.

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Finally

In 2004, incoming Indonesian President Yudhoyono, like PNoy, pledged to reduce corruption. In his first four-year term he was successful. But since his re-election in 2008, Indonesia has no longer improved its place in the corruption league table. The obstacle is widely perceived to be a dysfunctional justice system.

We do not want to see the same phenomenon here.