Social Justice: “Those Who Have Less in Life Should Have More in Law”

Both our Christian tenet and a legal principle states that “those who have less in life should have more in law.”

There are many comments and reactions one can find in Facebook, Twitter and other social networking sites regarding the trial of the impeached Chief Justice Renato Corona. Many observe that it is little wonder that the poor in this country cannot attain the justice that they deserve. There is too much technicality. Lawyers who employ and give way to such technicalities cause delays in the delivery of justice. The poor folks who do not have the wherewithal and resources to sustain their battle in the courts of law are often times defeated no matter how strong the evidence is to favor their side.

In a study of the Transformative Justice Institute, it is shown that there is an “Intertwining Culture of Patriarchy, Corruption and Impunity” in our country. This is principally brought by the very weak and poor justice system. There is no true and genuine access to justice by those who have less in life.

So many things need to be done by our government and the civil society to combat this. The study of the TJI proposes the popularization of a culture of Truth, Justice and Peace. It will take a long time to achieve this but it is good that we are heading towards this direction.

The Catholic Educational Association of the Philippines is in the forefront of promoting this counter culture through its programs on Human Rights, Gender Equality, Justice and Peace which were tackled during its 2011 National Convention with the theme “Building a Culture of Peace”.

The proposal by TJI and some other sectors to review the Rules of Court to simplify the procedure in the administration of justice without sacrificing the rights of the accused or the defendants is another welcome move.

The gaps, lapses and loopholes in our legal process have been exposed to a great audience in the ongoing trial of the Chief Justice. We hope that those who are in the position of determining policy will take note of such gaps and move towards filling these. The gaps include shortening lengthy legal processes that tend to discourage the poor, women who are victims of violence, children, Indigenous Peoples, and others who have limited access to courts.  Also included is the demand for more transparency and accountability from the judiciary, and specifically, the Supreme Court which determines the policies by which courts operate. For instance, the policy on non-disclosure of the SALNs of court personnel must be changed.

We hope and pray that the lawyers will likewise welcome such kind of development. Filipino lawyers ought to remember that they are first and foremost citizens of their country. They too must desire for genuine peace, democracy and sustainable human development to take place in our country.

We hope that our country will be able to pursue this process of impeachment not merely towards the end of removing a person who has betrayed the public trust from power but instead for the greater end result of genuine reform in our justice system.

Our ultimate goal at the end of the day is to ensure that all Filipino people are able to enjoy the blessings of our country equally. This includes the service that is provided by the judicial branch of government. As such, we hope that we continue moving in this direction and our voices that demand for genuine reform be heard.

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day 7 part 1 – impeachment trial

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