o I guess if you're a
Filipino, you're used to waiting forever for everything...especially
government services. Unfortunately, the bar is set so low when it comes
to government performance,
it is no wonder the Philippines lags behind
most countries.
Without getting into the myriad situations where Filipinos have to wait
forever for anything to get done, let us concentrate in this editorial
solely on the Philippine justice system. One word aptly describes it:
SLOW! Glacial might be even more apt.
But why is it so? If
other governments can dispense justice in a timely manner, why can't the
Philippine judiciary do the same? Filipinos are just as smart and just
as resourceful as anyone else from anywhere in the world. Proof of this
is one can find Filipinos thriving in most countries of the world. In
Asia, Europe, Australia or the Americas, you find migrant Filipinos who
are quite successful.
So it isn't a matter of
smarts, that's for sure. But the sad fact remains that it can take
decades for a case to be resolved. The Ampatuan massacre that occurred
back in November of 2009 is still in its preliminary trial stages. Andal
Ampatuan Sr. the alleged mastermind has recently passed away without the
benefit of either clearing his name (if he was innocent) or punished for
his act (if he was guilty). Instead, like most cases in Philippine
courts, it lingers in limbo for so long that by the time it is to be
resolved, no one really cares anymore. The litigants are either deceased
or have moved on with their lives. Many already too old to benefit or be
harmed by the judge's ruling.
So why does this
travesty persist? The simple answer is because the Philippine Supreme
Court allows it to happen. The 15 justices who head the high court allow
it to happen. Chief Justice Maria Lourdes P. A. Sereno and the 14 other
justices have simply come to accept that the "wheels of justice" turn
slower in the Philippines—much, much slower. As far as the justices are
concerned that is the pace at
which Philippine justice turns, so that's that. Nothing anyone can do about it. Really?
Anyone with half a
legal mind would naturally want to raise the standard of Philippine
jurisprudence to bring it up to par with that of most countries. Justice
Philippine-style is being dragged through the dirt by this and previous
high courts that it has become little more than a joke to everyone
concerned.
As we noted in a
previous editorial, the Philippines is no longer the cash-starved
mendicant state it once was. Thanks to the remittances of overseas
Filipinos, the Philippines continues to experience ever-increasing
dollar reserves for over two decades now. The country has the funds to
significantly expand the judiciary in order to get rid of the backlog
and speed up cases. The court can also issue directives and guidelines
that frown on and even penalize delaying tactics so widespread in
Philippine
courts.
Justice delayed is
justice denied
Supreme court justices
can continue issuing their rulings embellished with flowery legalese.
And continue to have their photos taken wearing their flowing black
robes with volumes of legal books as their backdrop, but they impress no
one. As long as Philippine justice takes forever to resolve cases, those
justices only look like the bunch of incompetents they are. They must either fix the
system or they must all resign. The Philippines simply cannot
move forward if it has a judicial system that isn't working right. Fix
the Judiciary and the country takes a giant step forward; keep it as is
and the country remains forever backward. The consequences are truly that
profound.
Published 8/11/2015 |