Hidalgo: The judiciary system, is it just?

IN THE democratic form of government there are three main entities, the Executive, the Legislative, and the Judiciary Branches. Each is independent of one another. This is not evident in what we are experiencing in our governance. The president is appointing the justices of the august body of the Supreme Court of the land. We expect genuine, impartial, and untainted justice from the judges. They are 23 members involved here.

But this is not the case with our Supreme Court now. They are expected to uphold the law in all instances. No one of any of our citizens is above the law. They should not be beholden to the president who appointed them. They should not be pressured to do what the president wants. They must be discreet in their decisions, siding with the truth and just decisions for the person seeking their judgment as a last resort. The lowest level of our justice system is the Barangay. Family cases and simple feuds in the Barangay are settled here. If this does not work, the involved persons go to the town or provincial courts. If the parties concerned think that the decision of the court is erroneous, they go to the court of last resort, the Supreme Court.

The justice system at any level should be just and fair. This is not the case in our courts. Time has proven that there is a different justice for the rich and the poor. I do not know how this evolved. The rich can afford expensive lawyers, can be bailed at once. There are numberless rich free for long stretches of times until their accusers get tired of suing them or they get paid with bribes to give up their cases. The poor cannot afford anything so they languish in jail for even petty crimes only. Some are even unjustly condemned and are in jail though not guilty. They become the escape goats of the rich who pay them money for this.

Lately, I was surprised that Napoles of the much talked about pork barrel scams was freed due to lack of evidences concerning accused government officials. Money still talks. This is how our justice system is working shamelessly. Some popular politicians are even voted into office during elections. They say this- only in the Philippines. I am glad about this. A group of civic - minded lawyers formed the free services for the falsely accused offenders.

Now let us go to the recent unpopular, unfair decision of the Supreme Court on the citizenship case of Grace Llamanzares (aka Grace Poe). There is much talk about this. The court gave two reasons for their decision. She is a foundling found in Iloilo ergo she is a natural born Filipino citizen. Another is she shows overt qualities of a Filipino female in color and stance.

Anyone will say that she is very fair in complexion and I read in a daily that she whiles away her time in her home smoking and drinking wine. You can decide here which is true. A group of renowned lawyers and Filipino politicians has formed a formal group to question the Supreme Court's decision. I cannot imagine the Philippines will have a president who chose to be an American citizen for most of her adult life. Her only legacy was her adoption of Fernando Poe, the actor. She said it herself she will be like him fighting for the poor. That's all. This is just a movie, not real life.

Does she know the constitution and parliamentary processes? Her stint in the senate wasn't colorful concerning the Mamasapano incident. She uses Grace Poe as her name clearly displaying her vested interest and soaring ambition drawing all the "masa" to vote for her. Let us let her use Llamanzares and we will see what happens. Imagine even her husband joining the wagon of make believe scheme declared that he will become a Filipino citizen if Grace is elected. It is like a bad dream for me. We have more qualified, genuine Filipinos as candidates. Let us chose wisely so we have no regrets.

Lastly, let me mention how the Justice system is moving at "snail pace " when resolving our infamous cases which happened in our times. The horrible massacre of some southern politicians and a number of newspapermen on November 23. It was a good day before my birthday so I will never forget it. The Ampatuan clan planned this. The family of the Magungdadatus were massacred together with some newspapermen out to cover the registration of voters that day. I think there were some 57 victims.

Unimaginable horrors, these people were mopped with a huge backhoe which arrived for the grim task. Bodies were dismembered. The offended families sued in court but the hearings were so long and tiresome. Most were paid by the Senior Ampatuan to withdraw their cases. Most agreed since they got tired, too. The Senior Ampatuan died without accepting the crime. Next is the unsettled "Fallen 44" of the SAF fighters. The president concluded this with the pronouncement that it was a case of "miscommunication". It was an insult to us because we saw over TV what happened, every detail where the military men of the government were maneuvering the battle.

I want to call these SAF soldiers, The Heroic 44 or The Valiant 44. The graft and plunder case of ex-President Gloria Arroyo is still unsolved. She is languishing in her hospital arrest room. The president said she will be indicted during his term but this will not be possible anymore.

The national elections this May 2016 is our chance to rehabilitate our beleaguered nation.

Let us vote morally, honestly, and wisely. Instruct the unenlightened voters. I recommend the Ateneo youth volunteers to talk to the different youth groups on how to vote wisely. The "Kaya Mo Ito Movement" is also doing this task.

For comments text cp. no.09202112534.

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