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THE GAVELThe official publication of Business Forms and Procedures

“WE ARE SLAVES OF THE LAW SO THAT WE MAY BE FREE.”“Are you going to write a new ending? Where the color of law is not black or white or green, where truth and justice prevail even the defendant is poor and black?” - Color of Law, Mark Jimenez

20134BLM

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WhatCanYou SayAboutJUDICIAL

SystemtheinPhilippines

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To Atty. Jennifer A. Balboa-Cahig

LEGMA BATAS!

MES

SAGE

FROM

THE C

LASS

CLASS ADVISER

To our Dearest Adviser, Atty. Jennifer Balboa - Cahig:

We are truly grateful for having you as our Professor, Mentor, Department Chairperson and Mother here in San Beda College. Words are not enough to express our heartfelt gratitude to you Attorney Jen for sharing your time, skills and expertise without any reservations. You are truly a one of a kind professor who not only shows concern for the intellectual development of her students but also for their over-all character growth and discipline.

For the past two stressful but fruitful years, we, your students were molded into individuals who embody the core values of San Beda College, i.e., fides, scientia et virtus. Furthermore, you have prepared us to be fully human, wholly Christian, truly Filipino and Globally Competitive citizens so that we can better serve State and its people.

As we begin another chapter in our lives, you can count on us to personify all the lessonsthat you have taught us and carry it with us nomatter what path we may choose to take.

With Love,

4-BLM, Class 2012-2013

PERSONAL BACKGROUND:

Atty. Jennifer is a mother of three namely Gab, Joaquin and Alex. She is happily married to Atty. Avito Cahig Jr., our professor in Corporation Code and Legal Ethics. She finished her first degree - BS Chemistry at the University of the Philippines in Diliman. She also attended Ateneo de Manila University and graduated with a degree of BS Legal Management.

At present, she has been teaching at San Beda College for five years and she is already in her 2nd year being the Department Chairperson of Legal Management. She is currently pursuing her masteral degree at the Ateneo Law School.

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Kerwin Rey B. Mayor

Mabuhay LM Batch

2013

BEAD

LE’S

MES

SAGE

CLASS BEADLE

To all my blockmates 4BLM:

Peace!

I would like to congratulate everyone for reaching this far. Four years of studying the principles of the law and strategies in management is not easy, the fact that you are already at this point in your student life is already an achievement, and for that I commend you all!

I am very happy to be your class beadle in the last semester of your college life and even in that short span of time, I am very glad that everyone showed competence and diligence in all of our academic undertakings. Some excelled more in academics while most of us actively took part in different student organizations of the college. I am very proud of you guys.

Few weeks from now, we will all be leaving San Beda and will start another journey. Some would be working soon while most of us will be pursuing our studies in law school. I hope that you will always apply the values of ORA et LABORA in everything that you do. I wish you good luck and all the best to your endeavors. Mabuhay LM Batch 2013! Legma Batas!

That in all things God may be glorified!

From one Bedan to Another,

Kerwin Rey "Biboy" Mayor, BS LM

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CONTENTSI believe the popular connotations about our judicial system are that it is ineffective, inefficient, snail-paced, anti-poor, and most of all corrupt.

-­‐ Atty. Marty P. Cachapero Yes, we have rules to follow, but the core is on how such rules are being implemented.

- Atty. Ma. Cristina M. Layusa“It is not a system of justice, it is a system of injustice.”

-Dom Leander “The primordial problem lies in the lack of judges which results to slow disposition of cases.”

- J/Insp. Joseph B. Bassig JMP“Siguro yung judicial system naten, may imperfections. Pero nakikita ko nama sa present administration naten na we are working on it to make it work better like sa ibang bansa.”

- Gab Ilaya, Law Student The Judicial System in the Philippines can be perceived as an instrument of the elite in preserving the status quo or the prevailing situation.

- P/Supt. Elmo San Diego Sr.

“Napakabagal. Kasi ang mga naririning ko diyan sa mga reports from the j u d i c i a r y, a n g f e e d b a c k a b o u t performance of different courts as a regarding cases madaming pending tapos lalo na siguro yung mga cases ng mga mahihirap hindi masyadong nabibigyang pansin.

- Prof. Titus Santander "As usual palakasan. If wala kang pera, wala kang hustisya."

- Mr. Edgardo Tayata, Businessman

Supreme Court should educate the citizenry that going to court is not the only, and more often than not, the more cost and time efficient way of settling a dispute.

-­‐ Mayoral Candidate Bayani Veluz

(Del Gallego, Camarines Sur)

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Kataas-taasang Hukuman ng PilipinasJune 11, 1901 marks the birth of the Supreme Court. Act 136 of the Second Philippine Commission, otherwise known as the Judiciary Law, took effect on that date. By virtue of that law, judicial power in the Philippine Islands was vested in the Supreme Court, Courts of First Instance, and Justice of the Peace courts. Other courts were subsequently established.

When the Americans took over the reins of government in 1898, Gen. Wesley Merritt established a military government, suspended the criminal jurisdiction of the Audiencias, and organized military commissions or courtmartial and provost courts.On May 29, 1899, Major General Elwell S. Otis issued General Order No. 20 re-establishing the Audiencia and giving it jurisdiction over civil and criminal cases but only insofar as this was compatible with the sovereignty of the United States. The Order named six Filipinos as members of the Audiencia with Cayetano Arellano as the first Chief Justice. The Audiencia, however, was abolished with the enactment of Act 136 on June 11, 1901. The new Supreme Court promulgated its first decisionon August 8, 1901.

Americans Take Over

From 1901 to 1935, although a Filipino was always appointed chief justice, majority of the members of the Supreme Court were Americans. Complete Filipinization was achieved only with the establishment of the Commonwealth in 1935. Claro M. Recto and Jose P. Laurel were among the first Filipino appointees replacing the American justices. With the ratification by the Filipino people of the 1935 Constitution on May 14, 1935, the membership in the Supreme Court was increased to 11—a chief justice and ten associate justices,

who sat en banc or in two divisions of five members each. The judicial structure introduced by Act 136 was re-affirmed by the US Congress with the passage of the Philippine Bill of 1902. The Administrative Code of 1917 ordained the Supreme Court as the highest judicial tribunal with nine members—a chief justice and eight associate justices.

Genuine Judicial IndependenceFilipinization of the Supreme Court

Act 136 granted the SC genuine judicial independence. Unlike the tribunals established earlier, the SC was not made subservient to colonial, military, or executive sovereigns. The judicial structure introduced by Act 136 was reaffirmed by the US Congress with the passage of the Philippine Bill of 1902. The Administrative Code of 1917 ordained the Supreme Court as the highest judicial tribunal with nine members—a chief justice and eight associate justices. ALL-FILIPINO SC. Chief Justice Ramon Q. Avañcena (seated in the middle) presided over the first all-Filipino Supreme Court. The Audiencia’s functions and structure underwent substantial modifications in 1815 when its president was replaced by a chief justice and the number of justices was increased. It then became known as the Audiencia Territorial de Manila with a branch each for civil and criminal cases, the sala de lo civil and sala de lo criminal. The Audiencia was converted to a purely judicial body by a Royal Decree issued on July 4, 1861, but its decisions were appealable to the Supreme Court of Spain sitting in Madrid. On February 26, 1886, a territorial Audiencia was organized in Cebu, followed by an Audiencia for criminal cases in Vigan. However, the pre-eminence of the Supreme Court as the sole interpreter of the law was unknown during the Spanish regime.

SUPREME COURTEN BANC

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The Gavel

“The j ud ic i a r y m u s t b e strengthened and re l e a s e d f ro m p o l i t i c a l interference.”

- Aung San Suu Kyi

“All the rights secured to the citizens under the Constitution are worth nothing, and a mere b u b b l e , e x c e p t guaranteed to them by an independent and virtuous Judiciary.”

- Andrew Jackson

“My government has promised to comprehensively r e s p e c t t h e independence of the judiciary.”

- Victor Ponta

THE I

NTER

VIEW

S2013

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Atty. Marty P. CachaperoClerk of Court

Laoag City Branch

W H AT C A N Y O U S AY ABOUT THE JUDIC IAL S Y S T E M O F T H E PHILIPPINES?

I am a Branch Clerk of Court of a Regional Trial Court in the province. As the Clerk of Court, I exercise general administrative supervision over all the personnel of the branch and more importantly, a partner of the judge in administering justice in the regional level.

As an officer of the court, I am aware of the various opinions of the people about the institution of which I am a part of. I believe the popular connota t ions about our judicial system are that it is ineffective, inefficient, snail-paced, anti-poor, and most of all corrupt. We cannot entirely blame the people for thinking in this manner. Perhaps they have their own experiences to support their personal beliefs. But, it is also fair to say that the judiciary should n o t e n t i r e l y b e h e l d

responsible for this. Party l i t i g a n t s , l a w y e r s , a n d prosecutors, share the fault as well. This is because l i t i g a n t s , l a w y e r s , a n d prosecutors are all partners of the judiciary in the proper delivery of justice.

The ineffect iveness and inefficiency of the justice system are mainly due to the complicated, expensive, and tedious court processes. However, the Supreme Court, through the leadership of the newly installed Chief Justice Maria Lourdes Sereno, is constantly reexamining and introducing ingenious reforms in our court procedures, the l a t e s t o f w h i c h i s t h e substitution of the entire direct examinat ion of a witness to a mere submission of a judicial affidavit of the said witness. This change is ve ry p rom is i ng , and i f executed properly, will result to a more effective, efficient, inexpensive, and perhaps, expeditious resolution of cases.

The work, however, is not the sole responsibility of the Judiciary. The other players – the lawyers and litigants – have a part to perform. L a w y e r s n e e d a l s o t o maintain a high degree of p r o f e s s i o n a l i s m a n d competence in the discharge of their duties to their clients and to the court as well. Duties such as the genuinely advancing the cause, and safeguarding the rights, of their clients, and the faithful compliance, and avoidance of misuse, of court processes.

I have seen cases pending in court for more than a decade. But a careful perusal of the

record of these cases would reveal that one of the reasons why these cases were dragged for such a long time was because the lawyers and the litigants themselves were n o t v i g i l a n t e n o u g h i n p u r s u i n g t h e i r c a s e s . Lawyers, particularly the p r o s e c u t i n g a t t o r n e y s , normally employ means to delay or prolong their cases, all of which were designed to favor their clients. On the other hand, defense lawyers and their clients lack the commitment to push for the early resolution of their cases when there are available remedies at their disposal.

As for the claim of corruption in the judiciary, a keen effort to end it must be initiated not only by the government but by each and every one of us. If someone witnesses an incident of corruption, one must have a strong conviction and brave disposition to r e p o r t i t t o c o n c e r n e d authorities. Also, if there is no one subscribing to corruption, there will be no corrupt people in the judiciary.

I have been with the judiciary enough to observe workings of our judicial system, and although there are various a reas tha t rea l l y need improvement, it is far from being a hopeless case. Work has to be done though to gain the confidence of the people to our judicial system. All what it takes is the strong and c o m m o n e f f o r t o f t h e judiciary, the lawyers, and the people to make the judiciary great once again.

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Yes, its all about the “matuwid na daan”

- Atty. Ma. Christina M. Layusa

With my knowledge in test, through my four years in San Beda, I understood that the Supreme Court, under the 1973 Constitution is composed of a chief justice and 14 associate justices. They are the highest judicial body of the state, with supervisory authority over the lower courts. Appointments of justices at all levels were made by the president.

I interviewed Atty. Ma. Cristina M. Layusa. She was quite reserved during my interview compared to how she at home.

Question:

What can you say about the Judicial System in our country?

Atty. Layusa: (smiles) Krien what can you say about the system?

Me: Tita I think that since the trial of Justice Corona, most people that I know believe that there has been an infiltration in the system. Yes, its all about the “matuwid na daan” but from what Ive seen any normal Filipino can’t

feel any justice anymore. Like justice is another synonym for no solution at all.

Atty. Layusa: I can see how idealistic you are. For me the Judicial system in our country has gone through a lot of implementation. Yes, we have rules to follow, but the core is on how such rules are being implemented. It takes a stand and firm hand for us to have a strong judicial system. If you ask me personally, I hope that every one of us will help each other to uplift not only the work that we are doing but to uplift our goals for the country. Because the success of our judicial system is a reflection of how well we do our job. There is a lot to be done to improve the judicial system in the Philippines. But we ensure that all of us here have the in tegr i ty, competence, and independence to carry out a vision of a constructive institution.

Me: That was a lot, thank you tita for your time.

Atty. Layusa: Anytime Krien, I hoped this helped you.

Interviewed By:

Nizza Krisciel Bagatsing,BS LM

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“JUSTICE SYSTEM IN THE PHILIPPINES IS AN INJUSTICE SYSTEM.”

“It is not a system of justice, it is a system of injustice.”

-Dom Leander

Dom Leander an admitted member of an indigenous tribe from Kalinga Province Co rd i l l e ra Reg ion pe rce i ves t ha t Philippines has a loose justice system for the reason that it doesn’t meet its sole purpose of giving justice to the oppressed or those people whose rights have been violated. Given the kind of perception he had with our justice system, Dom Leander finds it hard to believe in the system we have due to the reason that he came from a tribe wherein a distinct system of justice is observed.

The “Kalinga Peace Pact” is an agreement existing between the tribes in Kalinga Province wherein what is done to a tribe by another tribe will be the same punishment to the latter. Dom Leander stated that they are not putting an emphasis on the concept of “an eye for an eye, a totoh for a tooth”, rather they are imposing the concept of equality among them, which he observed absent in the current system that we have. Since the concept of the Kalinga Peace Pact is based from equality the concept of authority and power are not present in the justice system, unlike in the Philippine justice system those powerful people are given much favor in this case justice is not really served.

Also in the Kalinga Peace Pact they solve their problems the quickest way, and this is what Dom Leander noticed in the justice system we have that it takes a very long process to serve justice. With all the factors observed by Dom Leander, for him these mark the justice system in the Philippines that indeed it is not a system of justice it is a system of injustice.

Interviewed by:

Adjielle Lachica, Sabrina Mauricio and John Paul Betonio

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What should be amended in the Rules of Court in

order to improve the administration of justice?

The study of law can be best appreciated by deviating from the convention o f e m p l o y i n g o n l y t h e Socratic method of teaching. It is to our best interest that our good professor in Legal Forms and Procedures and the Department of Legal Management Chairperson, Atty. Jennifer Balboa-Cahig, gave us the opportunity to interview different kinds of people on what their insights are regarding the justice system in the Philippines. Our group was tasked to interview detainees.

We opted to go to Manila City Jail because the place is familiar to us. When we were in First Year College, our National Service and Training Program (NSTP) 1 professor required us to interview detainees and thereafter update the status of their respective cases in the City Hall of Manila. First, we interviewed Manila City Jail detainees; some of them even looked familiar to us. In order for things not to be too complicated, we asked them directly the question “Ano po sa tingin ninyo ang dahilan kung bakit mabagal ang administrasyon ng hustisya d i t o s a P i l i p i n a s ? ” Fortunately, they understood the question and thus we were able to get sensible answers. Kuya Pablo, a detainee convicted with illegal possession of drugs, told us that their lawyers from the Public Attorney’s Office (PAO) break their promises of visiting them in the jail in

order to update them on the status of their respective cases. They would just be surprised to know later on that there is no progress in their respective cases. On the other hand, Kuya Kiko, a detainee convicted of theft, said that the hearings are almost always reset by the lawyers for reasons they do not know.

In order to obtain more credible answers, although we were only asked to interview detainees, we i n t e r v i ewed two po l i ce officers in Manila City Jail. They are J/Insp. Joseph B. B a s s i g J M P a n d S J 0 4 Rodolfo Nuezca, Jr. We a s k e d t h e m t h e s a m e quest ion we asked the detainees. They both shared the same view that the primordial problem lies in the lack of judges which results to slow disposition of cases. According to them, one judge holds at least three (3) branches and thus this poses a subsidiary problem of lack of material time. They also recognized that the lack of judges is not the only one to be blamed. There are also other factors which contribute to our slow justice system. One is the absence of the lawyer, f i sca l , w i tness , complainant, investigator, and arresting officer. When asked about whose absence always occurs, they told us that witnesses are the ones who are always absent. Another is the postponement of cases which, according to them, lasts for months. One thing also is the inventory time, usually at the end of January until the end of February, wherein each branch of court makes a report of what

transpired during a particular period of time. They told us that during inventory time, t h e r e i s n o h e a r i n g . Furthermore, when asked about what case is the most common in Manila City Jail, they said that it is the drug cases. They said that in Republic Act (R.A.) 6425, the sentence for a user lasts for six (6) months while that for a pusher lasts for one (1) year above. However, with the introduction of R.A. 9165, the sentence for a user became eight (8) to twelve (12) years while that for a pusher b e c a m e l i f e t i m e imprisonment.

Finally, when asked about what they can suggest to improve our justice system, they said that there should be an increase in not only the number of judges but also the number of courts. SJ04 Nuezca, Jr. also said that the Philippines has too many laws (surplus of laws) which are not effectively enforced or implemented. Adding insult to injury is the fact that these laws, even the simplest of our laws such as traffic rules, are also not followed by the people. His suggestion is to remove laws which are useless and focus on laws which could greatly benefit the people.

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!! ! L E X T H E G A V E L | 2 0 1 3

WHAT CAN YOU SAY ABOUT THE JUDICIAL SYSTEM IN THE PHILIPPINES?

DR. CHRISTIAN BRYAN BUSTAMANTE:“First is yung common perception na mabagal yung litigation process, it takes decades. Mas madali yung invstigation especially those who have resources, lalo na kapag High Profile and na expose sa Media. Sa ordinary people, mabagal yung process, hindi nabibigyang pansin. Kulang tayo sa legal assistance, lalo na sa walang pambayad, sa mayroong pambayad sila pa yung may nakakatanggap ng quality service, although sinisikap nilang magbigay ng free legal service, may naibibigay aman kaso mabagal.”

LY-ANN GOMILDO: SBS School vendor“Mabagal, kasi yung iba di nabibigyan ng hustisya eh. Mabagal, Matagal.”

ISABELITA CASIHAN: third year law studentSan Beda Collge of Law.“I commend the promulgation of the new Judicial Affidavit where there is a Direct Investigation of the witnesses, it embodies the speedy disposition of the cases as embodied by our Constitution.”

FATIMA AMANSEC: Former Legal Management Student, Dean’s Lister SBC College of Law.“ Insufficient, Kulang kulang. Mabagal, There’s a delay in serving justice.”

ADEOGUN “OLA” OLAIDE: San Beda Red Lions, Basketball Player.“They prolong the matter just to gain money, Maraming hearing, maraming pera.”

RAMON LEGASPI: Entrep Student“Ano ba? Di ako aware, usually diba nagiging bata ng President, like si Corona. Chain of Corruption.”

PROF. ESGUERRA: Asian Civilization Professor.“Maraming Indiscrepancies.”

CLARENCE LAPID: 3rd year Med student“ Nasa nag iimplement (implementation), Maraming flaws.”

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S P E A KWHAT CAN YOU SAY ABOUT THE JUDICIAL SYSTEM IN THE

PHILIPPINES?SIR MICHAEL JOHN YOUNG RUBIO: Founder of the Junior Bedan Law Circle, Legal Management.“ The system as a whole I think is corrupt it doesn’t really provide the kind of service that people should expect, moreoften, Justice is not blindfolded. People tend to act away crimes and other illicit activities.”

MS. CORAZON V. GUINTU: College Nurse.“Failure, Judicial System, Mabagal. Kawawa yung talagang naghahanap ng Justice, hindi nabibigyan.”

KUYA JUN CAYANAN: IMC.“Okay naman, malinaw, na ccomplish naman ni De Lima, ng Department of Justice - Hands On. Very Strict.”

ATTY HARRIET LINSANGAN: Professor“Judicial System sa totoo lang ay mabagal... The judicial must improve in order to make a speedy process and accessible to everyone”

PAUL CONCEPCION: SBC Coach Football, Red Booters.“Bulok. palakasan lang dito sa Pilipinas eh. Pag malakas ka wala naman silang magagawa.”

FR. REMBERT TUMBALI“What is important is that there is a standard procedures in the proceedings. There is a symptom towards injustice, There should be an emphasis on the injustice. Most of the cases are dismissed because of technicalities. But we do not condemn the law enforcers but to understand the technicalities of the law. The problem is the manner of acquiring evidence.

SIR MATITU: head of the Human Kinetics Department.“Medyo mabaga. Lack of Judicial Involvement. Maraming naiwan na unsolved cases. MOney makes the world go round, example Vizconde Massacre there are changes in the decision, hindi consistent.

VON CALACHAN. 3rd year Entrep Student.“ Unjust. yung iba hindi nabibigyan ng justice.”

“Siguro yung judicial system naten, may imperfections. Pero nakikita ko nama sa

present administration naten na we are working on it to make it work better like sa ibang

bansa.”

Gab Ilaya, San Beda College of Law.

Q: What can you say about the Judicial System in our country?

A: Siguro yung judicial system naten, may imperfections. Pero nakikita ko nama sa present administration naten na we are working on it to make it work better like sa ibang bansa.

Q: Well, an yung mga nakikita mong mga problema sa system naten? Diseregard muna naten ng said steps na ginagawa para ma-improve yun, ano ba yung problem for you?

A: Siguro yung current problem naten is yung transparency, tulad nalang nung sa trial kay CJ Corona and siguro sa backlogs nila, di ganun ka-efficient or di fit para sa demands ng mga kaso at ng mga taong nagsasampa.

Q: So aside sa transparency, anung changes ang nakikita mong dapat gawin sa system naten?

A: Siguro yung ano, yung kay current CJ, binigay niya yung SALN niya pero binlock niya yung media na maglabas ng anything more about her. Kase diba kung wala naman dapat itago, ilalabas mo lahat at di yung piling mga bagay lang na gaya ng mga gusto mo lang.

Q: Do you believe that our judicial system can still improve and how?

A: Oo naman. Malake pa ma-iimprove sa judicial system naten with right goverance and better

policies para naman maging mas independent at efficient yung system.

Desi Escueta, 4th year Entrep Major.

Q: What can you say about the Judicial System in our country?

A: Bulok! Masakit sa ulo bro. Yung tipong maliit na kaso lang eh, tumatagal pa.

Q: Ano sa tingin mo yung problema dun kung bakit tumatagal?

A: Corrupt bro e. Biggest problem yang corruption e. Diba nga yung mga pulis kahit papano involved sa justice system naten yan? Eh kahit mababa palang yung position, corrupt na. Paano pa yung nasa taas diba?

Q: So yun ang kailangan alisin? Ang corruption?

A: Oo! Talagang kailangan yun!

Q: Eh naniniwala ka pa ba na mababago o mapapaganda pa ang system naten?A: Pwede naman. Lahat naman pwede baguhin eh. Kaso kumbaga sa saket, cancer na yan bro eh, kaya dapat ipa-chemo na. Alisin na lahat. Dapat i-roll yung bago, kung may dapat matira, itira pero dapat nang linisin yan.

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Elianne Aquino, 1st year Accounting Major, Jr. Staff of The Bedan.

Q: What can you say about the Judicial System in our country?

A: Hindi siya maayos e. Kase most of the people na dapat mag-supervice nuon ay nasusuhulan na kaya naapektuhan na yung judgement nila.

Q: Bukod ba dun may iba ka pang naiisip na problema o sa tingin mo ba may mas malaki pang problema?

A: Money lang kase. Root of all evil talaga yan e.

Q: So Bribery at corruption talaga? Eh ano naman sa tingin mo ang dapat gawin para maiwasan yun?

A: Tanggalin nila yung mga temptations at urges sakanila. At yung mga tao naman, dapat mawala sa isip nila na pag nagbayad sila, mapapadali lahat.

Q: So ang sinasabe mo is di lang yung mga tao na nasa system ang may problema kundi tayo naring mga mamamayan?A: Oo, kase minsan tayo nag yung nagbibigay ng encouragement sakanila para gawin yun.

Q: I understand. Do you believe that our judicial system can still improve?

A: Oo naman, kahit di mabilisan, pwede naman.Q: Paano sa palagay mo?

A: Yun nga, gaya kanina. Disiplina lang on both sides.

Interviewed by: Felix De Veas and Daniel Punzalan

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The Judicial System from the eyes of a public official.

The judicial system is the branch of government that is charged with trying all cases that involve the government and with the administration of justice within its jurisdiction. It involves the application of the laws on the different sectors of society. D i f fe ren t cases invo lv ing criminal and civil acts form part of the wide coverage of this system. From our legal forms c l a s s , w e w e r e g i v e n a background of the procedures present with these cases. From the filing of a case to the ruling of the Supreme Court, the judicial system of the country is no joke. What may be good in the eyes of a man may be different in the eyes of the law. This system was formed to keep a proper society that favors equality and freedom. It is also the one that is responsible for the preservation of the rights of the people, in order that there may be a just and humane community with our country. It balances the preconception of every man and makes a formal stand to distinguish if there is a need to adjust a certain issue. With the topic of equality and balance, the judicial system does not prejudice any human being from its jurisdiction. All men are of equal standing and ne i ther soc ia l s ta tus nor financial capacity is a factor in the implementation of justice. Everybody is covered by it, from the lowly farmers tending their fields, to the millionaires chilling in their hundred million peso mansions. No one is too big or small for the administration of the law. To present this case further, we have interviewed a public official referred to be one of those members of the

government who implement the law and uphold justice.

One of our former reading assignments in a class was to make a brief summary of the book entitled “The 7 little things you can do for your country”. It was quite a short read but it packed a lot of influence of what a proper citizen must do for his or her country. The first thing described by the book was the rule on properly following traffic laws. It stated that Filipinos must follow these laws as they are one of the simplest and most basic laws known to man, and to follow it would be a good start in being a proper law abiding citizen of the country. Why did w e c h o o s e t h i s a s a n introduction you ask? Well, the job of the public official we have i n t e r v i e w e d i n v o l v e d t h e implementation of these traffic rules and regulations.

Ret. Gen. Elmo G. San Diego is the head of the Department of Public Order and Safety in Quezon City. His job deals not only with traffic regulations, but also covers other health and w e l f a r e i s s u e s s u c h a s emergency health operations and environmental disaster coord ina t ion . F rom the issuance of tickets to wayward

motorists not following the stoplight, to the measurement of the impact of affected areas by the dreaded fault line, Mr. San Diego exemplifies the true meaning of public service. We were lucky enough to spend some time with him and gain some insight on what he knows about the Judicial System of the Philippines and his opinion on the different parts covered by such.

H e r e a r e t h e q u e s t i o n s formulated by the group with the corresponding answers by Mr. San Diego.

Q: What do you think about the Judicial System in the Philippines?

A: The Judicial System in the Philippines can be perceived as an instrument of the elite in preserving the status quo or the prevailing situation. Since the status quo is unjust to the poor and marginalized groups, the judiciary, then, can be viewed as a tool for perpetrating injustices against these vulnerable groups. Further, the judiciary is in control of the elite, and therefore, serves the interest of the elite.

Q: Have you found any flaws in the said system?

A: There are flaws in the country’s Judicial System that is the result of the severe backlog of criminal and civil cases, mistrials, and long delays in the hearing process. These may be attributed to the allegation of inefficiency, lack of manpower and corruption in the ranks of the judiciary.

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Q:   Would   you   like   to   change  anything  about  it?

A:   The  implementa:on  of  the  juror-­‐type  system  in  the  processing  of   Criminal   Cases   wherein   the  accused   can   appeal   for   the  par:cipa:on  of   a  jury  panel  in  the  case   he   or   she   is   facing   could   be  implemented.   Then   the   accused  may   seek   the   par:cipa:on   of   a  panel  to  fairly  deliberate  his  or  her  case.

Q:   Do   you   think   that   the  system  has  improved  over  :me?

A:   Reform   efforts   in   many  areas   of   the   Judiciary   and   the  larger   Jus:ce   System   are   being  undertaken.   There   are   no   false  hopes   that   the   reforms   can   be  accomplished   easily,   given   the  complex   problems   of   the   Jus:ce  System  and  society  in  general.   It  is  expected,   however,   that   the  reform  efforts  that  are  being  done  will   somehow   make   a   difference,  and   will   serve   as   important  formula:ons   for   a   bolder   reform  effort   that   can   be   done   in   the  future.

Q:   What   are   the   good   points  of  the  system?

A:       The  system  is  independent  and   defendants   in   criminal   cases  

are   afforded   the   right   to   counsel;  an   informal   local   system   for  arbitra:ng   or   media:ng   certain  problems   operates   outside   the  formal   court   system;   defendants  enjoy  a  presump:on   of   innocence  and   have   the   right   to   confront  witnesses,  to  present  evidence  and  to  appeal.

Q:   D o   y o u   h a v e   a n y  sugges:ons   on   improving   the  system?

A:   Stakeholders   such   as  people’s   organiza:ons,   non-­‐  government   organiza:ons,   local  communi:es,   members   of   the  judiciary,  lawyers  and  people  from  the   marginalized   sectors  who   are  most   vulnerable   to   the   injus:ces  caused   by   the   present   jus:ce  system  will   develop   keen   interest  in   the   reform   of   the   judicial  system;   improvement   of   public  trust  and  confidence  in  the  system  of   jus:ce;   establish   a   strong  ins:tu:onal   insula:on   mechanism  to   protect   and   preserve   the  integrity   of   the   judicial   system;  strengthening   the   capacity   of   civil  soc iety   a   v i ta l   partners   in  d e t e c : n g ,   r e p o r : n g ,   a n d  preven:ng   graO  and  corrup:on   in  the   bench;   improving   exis:ng  ins:tu:onal   mechanisms   within  the   judiciary   for   the   detec:on,  

inves:ga:on,   and   punishment   of  irregular   acts.   These  will   help   the  judiciary   aPain  the  vision  of   being  independent,   effec:ve,   efficient,  and   worthy   of   public   trust   and  confidence.

These  were  the  words  imparted  to  us  about   the   local   judicial   system  by   a   simple   public   official.   Every  man  has  an   opinion   and   the  basis  of  employment  is  never  a  factor  in  voicing  out  what  we  feel  about  the  legal  system  in  our  country.

Interviewed   By:   Elmo   San   Diego  and  Company

[ 17 ]

Judicial System?...Napakabagal!

What is your opinion about our Judicial

System?

Interviewee: Prof. Noel Santander, Ph D.

Bedan Professor

“Napakabagal. Kasi ang mga naririning ko diyan sa mga reports from the judiciary, ang feedback about performance of different courts as a regarding cases madaming pending tapos lalo na siguro yung mga cases ng mga mahihirap hindi masyadong nabibigyang pansin. Kung ikaw ay isang taong na kumbaga kilala, meron kang katungkulan, parang napapadali ang proseso ng paglilitis. Pero kung ordinary person parang hindi. So bakit ganun parang hindi siya ganun ka-ayos. Tama nga ba na nakatakip yung mata ng judiciary. Kumbaga implementation ng proseso nung sa judiciary ay para ba yun sa lahat? Hindi tinitignan kung saan ka kabilang ka sa lipunan kung anong klase ka pero hindi eh. That’s only on my opinion. I’m not that confident about our Judiciary but I’m still hoping that whatever they are lacking will be solved. Not only on the process but also on the people.”

Another problem that I consider was about the facilities. That somehow affects the process and the system of the Judiciary. If there will no enough facilities, how can they accommodate the people? The courts are crowded and not presentable. How can they process cases if they lack court rooms? You can say that the process is good if the facilities are good also.

Interviewed by: Godfrey Tejada, Rachelle Anne Maureen Vinluan, Joseph de Mesa, Nathaniel Rebudal

[ 18 ]

Laging tandaan: Mahirap m a k a h a n a p n g i s a n g customer sa loob ng isang buwan pero madal ing makawala ng sampu sa isang araw kung....hindi sila iingata at aalagaan."

This statement written in a short folder which is attached to one of the four walls inside Crystal Bitz had long-served as a r e m i n d e r o r w o r d o f encouragement to both workers and owners of the said water refilling station.

Mr. Edgardo Tayata, owner of Crystal Bitz, have already been in the business for almost two years. Before he entered into this kind of business he worked as a nurse. He decided to establish this kind of business after his retirement for he admitted that life is hard if you don't have any source of income, for money is an essential matter especially in our country. Every act involves money.

In line with this we asked Mr. Tayata the following questions perta in ing to the Judic ia l System of the Philippines from

t h e p e r s p e c t i v e o f a businessman.

(1) Ano po ang masasabi ninyo sa systemang pang hustisya ng bansa?- "As usual palakasan. If wala kang pera, wala kang hustisya." He pointed that money is very powerful and could give you an instant justice if you want to. Like here in the Philippines, equality or fairness is very hard to achieve, there will forever be a bar between the different social classes. If you don't have the means then justice will not be served.

(2) As a businessman, what is the importance or how important is the judicial system of the Philippines?

-"Comparison. Hindi tatakbo ang business na maganda. Mapapabilis ang pagktakbo ng papeles kung magla lagay ka...ganon din sa negosyo. Kung hindi ka magbibigay aaraw-arawin ka." What he's trying to say is there is what we call a "palakasan system." You will not be acknowledged if you

don't have strong ties with the authorities.

3) Mga reklamong nappuna/ pagkukulang kung meron at mga mairerekomenda-" Marami talaga ang mapupuna kung problema lang din naman ang paguusapan pagdating sa systemang pang hustisya ng bansa. Used na tayo sa system eh...hangga't hindi nagbabago ang nasa taas wala at wala pa ring mangyayari. Lalo lamang tatagal ang ganitong systema. " Mr. Tayata has been very consistent from the start of the interview until the end that money defines justice. He also mentioned that "padulas" is very prominent here in the country. Most officials survive their lives through this illegal means.

He commended the act done by the President to our former Chief Justice Corona. According to Mr. Tayat this was an example of correcting the injustices of our country. He a l s o s a i d t h a t " s a n a a y magpatuloy tuloy na at sana hindi na gawing negosyo ang pulitika."

[ 19 ]

...To maintain and e n h a n c e i t s c r e d i b i l i t y , t h e S u p r e m e C o u r t s h o u l d l e a d b y example...

- Former Mayor Bayani Veluz

T h e i s s u e s r e l a t i n g t o congestion of court dockets and delay have been plaguing our legal system since time immemorial and require out of the box solutions. Why not consider outsourcing the management of dockets to p r i v a t e s e c t o r s o t h a t technology can be used to track the status of the cases. This way, judicial score cards can be developed to effectively monitor court performance.

The interrelated problems of congestion and delay stem from the inflow and outflow of cases. The simple solution is to reduce the inflow and increase the outflow. The Supreme Court should educate the citizenry that going to court is not the only, and more often than not, the more cost and time efficient way of settling a dispute. Hence, the use of alternative dispute resolutions techniques such as Court A n n e x e d M e d i a t i o n a n d Judicial Dispute resolution s h o u l d c o n t i n u e t o b e encouraged . Th is can significantly decrease the cases that the Court has to deal with.

On the other hand to increase the outflow, the Supreme Court should incentivize and properly recognize performers both in terms of the quantity and quality of decisions penned. In the same spirit, it should disincentives and penalizes the laggards who are not doing their job.

The rules of court should be amended so that filing of f r i v o l o u s c a s e s a n d inter locutory appeals are minimized. There should be a limit to the motions to postpone and seek an extension of time to file a pleading. Judges should also be encouraged to write shorter decisions and use language that the non –lawyer parties can be understand.

A major culprit for delay is Article VIII. Sec 15 (1) of the Constitution of the Philippines. This section counts the period within which to decide cases from the time a case has been submitted for decision. But it can take 5, 15 even 30 years before a case is deemed submitted. So in reality, the Constitution has not arrested but has in fact countenanced delay. The quick fix is to amend this section so that we count the period from the date of filing.

F ina l ly, to main ta in and enhance its credibility, the Supreme Court should lead by example. It should wipe its own backlog. It should be m o r e t r a n s p a r e n t a n d accountable in its use of public funds. It’s about time the Gods of Fauna should realize they are more human and less divine. Every year, it should let the public may know what its goals, objectives and key result areas are. Thereafter, it should perhaps hold its own state of the Judiciary address to report performance. In short, the Supreme Court should exhibit not just political but judicial will creating a justice system that we can us proud.

Opinion of Charles Van Miraf lores (government employee)

You must never expect to get a plausible opinion of someone who doesn’t have a formal background of legal matters in sighting an indictment in the current judicial system of the Philippines. However, there are few exceptions like those of a politician that has not had a background but has something to say on the subject.

In a perspective of an ordinary Filipino countryman, the current judicial system of the Philippines is a drastic system that plays a big role in the lives of many Filipinos especially of those in the field of government. It is a crucial and sensitive issue in which most of what is happening in the country relating t o i t i s a k e y p o i n t o f conversation even with an ordinary countryman or those officials that has to do with the system. Going through with a lot of issues today in regards with the judiciary exploits in the country, one could never miss to point out that there is a huge glitch under the table of this subject. As we are aware of, many government officials and p o l i t i c i a n s a r e b e i n g manipulative on what they wanted to happen in things that surrounds the system. I may have not have an actual proof that these things really do happen, but we just can’t get rid of the thought that in every system there will always be worm that ruins things inside and the our judicial system is no exemption. Being a pessimist and a hopeless believer that there will be fairness in this beloved country in its judicial system, I could never even deem a systematize deployment of its power in creating a scheme that will promote equality in every verdict and laws that they have produced.

I a m o n e o f t h o s e unpromising fellow countryman that losses his faith that this country’s judicial system that will be ever promote justice and equality. Money runs every system and so as the people who runs the system, so to speak.

[ 20 ]

Bumili ka na lang ng Burger!

Bumili ka na lang ng burger was the first reaction of the vendor named Joey when we asked about the judicial system of the Philippines. She said that our judicial system is nothing but a joke because that justice is served when its already too late. Our judicial system now is becoming rotten where the person who is convicted with a crime can easily be acquitted through the connection or through bribery.

We have noticed that mostly the vendors have no interest in our judicial system because as they say “baluktot na ang hustisya ng Pilipinas.” I myself can relate to what our vendor and the masses have to say because it is so obvious even the littlest crime of a person who is already proven guilty can be acquitted. Our judicial system has no credibility to the masses because of the ongoing corruption in our country. One critic said that the Philippines’s criminal justice system is now failing to deliver justice to its people and contributing to the widespread human rights violations in the country. The present state of the Philippine Judicial

System is alarming that there is a dysfunctional justice system as its fundamental causal origin. The alarm is continuously intensifying in spite of concerted efforts to initiate reforms, from both the government and non-government sectors of the community, which are equally driven by a unified purpose to establish an honest justice system that is truly responsive to the escalating demands of the changing times.

How can we trust our Judicial system if even our judges or even our lawyers can be bribed so that the true meaning of justice and fairness cannot be available to those who deserves it? How can we believe that justice can be served to the poor if its adversary is the one who has power and wealth? The Philippines justice system has long been regarded as corrupt, with low-paid judges vulnerable to bribes and intimidation.

To those who are aspiring to become a Lawyer here in the Philippines, it is now your task to prove that we can still serve justice to those who are in need and to those who are oppressed. Prove to the masses that there is still hope that they can still achieve justice in our country and that not all lawyers and judges are the same. The question is are you up for the challenge? Will you be as hopeless and ignorant that your only reaction is “Bumili ka na lang ng Burger!”

Interviewed by: Yomar Revilla, Allen Sopoco and Carlo Isidro

[ 21 ]

AMENE, Yaleslie B.

DADO, Kylie

CACHAPERO, Olive

BETONIO, John Paul

ANGELES, Michelle

BAGATSING, Nizza

DE MESA, Joseph

MARTINEZ, Christopher

LIMPOT, Kent Joseph

LICSI,John David

HERNANDEZ, Jobel

LACHICA, Adjielle

MAURICIO, Sabrina

SAN DIEGO, Elmo

RAZON, Reiner

PICARDAL, Donn

MAYOR, Kerwin Rey

PACASUM, Aljohn

ZARAGOZA, Renee

VINLUAN, Rachelle

TOLENTINO, Ruiza

VELUZ, Bea

[ 22 ]

Type to enter text

Batugal, Julius

Castro, Juan Claudio

De Veas, Felix

Escoto, Michael

Fallore, Jordan

Ferrer, Drizza

Isidro, Carlo

Punzalan, John

Rebudal, Nathaniel

Revilla, Jose

Tejada, Ernest

Valencia, Dundee

[ 23 ]

LAYOUT TEAM

OTHER MEMBERS OF THE CLASS

ANGELES, MICHELLE PICARDAL, DONN LICSI, JOHN DAVID

“That In All Things God May Be Glorified”