Saturday, November 08, 2008 Libre: Different kind of judiciary By Mel libre Seriously Now
FOR the past two years, I have worked in the High Court of New Zealand. If I were in the Philippines, the least desirous job as far as I was concerned would have been in a government office.
Not that I abhor public service. It’s just because of politics, as many of those occupying positions in government are subservient to the people who recommend them for their jobs.
Even with the effort of the Civil Service Commission to professionalize employment and promotion in the bureaucracy, the tainted image of government workers has remained through the years.
The general perception is that a government employee is lazy, inefficient and corrupt---which is unfair to those who toil hard to render the best service to the public.
The “padrino system” has remained alive to this day, with institutions established to deter nepotism and favoritism proving to be inutile.
Take for instance the appointment of judges. The Judicial & Bar Council has, as its members, respectable men and women from select bodies such as the Senate, Congress and the Integrated Bar of the Philippines.
They screen candidates for judges and submit three names for the President of the Philippines to choose from for appointment to a vacant sala. The process is not apolitical, for even the President is, first and foremost, a politician.
One applicant, who had good credentials and, more importantly, integrity, went through the process but was told to get a recommendation from a politician.
He got one, but an opponent of the recommending politician blocked the applicant’s selection unless he withdrew the first politician’s recommendation and replaced it with that of the second politician.
He did so reluctantly--–and presto, he got appointed. A learned man, he remains to be in the magistrate, keeping his respectability intact.
Another applicant did not have good credentials as a practicing lawyer but had once worked with a powerful politician. When he was appointed as a judge, many in the Bar shook their heads in dismay.
The appointee kept his head high relishing the address “Your Honor,” but it was short lived for he was kicked out due to incompetence. Nearly everyone in the legal circle knew too that the judge was corrupt. His dismissal came as a relief.
The current brouhaha over the allowances of Cebu judges only exposes the hands of politicians on the outcome of cases. In clear terms, the affected members of the bench made judgments that were not to the liking of the signatory of the checks. It was a matter of “don’t bite the hands that feed you.’
I’ve worked closely with some of the justices in the High Court in Auckland. One of the things I have observed is the dignity of their approach to their work.
Being in the courtroom at least twice a week as court taker, I often hear justices thanking the lawyers for their helpful submissions--and in most instances they promptly make their decisions.
The words “graft and corruption” or “dishonesty” here are as alien as Martians--and people just concentrate on getting the work done. It’s a totally different world. How I wish it were like this in the Philippines.
