Nowhere To Hide: Playing a Game Called Justice

Solving Corruption in the Philippine Justice System

We often hear these quotations, No one shall be denied of justice., Everyone shall
enjoy equal protection of the law., Everyone is entitled to a good defense, Justice
shall prevail. If these only happen in reality and not just a mere compositions of words
suggesting what is ideal then everyone could live and sleep in peace, there will be less
pain and heartache.

Why are there criminals who can roam freely on the streets doing their deeds
repeatedly. And innocent persons serving sentence for crimes they did not committed,
deprived of liberty when they should be free and enjoying their life with their family. The
number of individuals whose death cannot be given justice kept on increasing. This
countrys justice are full of whys , ifs and buts. The dying trust of people to justice is
far from being restored. The answers to our whys are as clear as crystals but why
those people assuming the role of our Almighty cannot see these answers clearly. Is it
because their eyes are covered with the blindfolds? Or they are diverting their eyes from
reality thinking its hopeless and we should just live with it for the rest of our lives. Its
true, lets admit it and face the reality, our justice system is way too slow, rustic, far too
lenient, nasty and dirty. But it does not mean that we have to live with it, accept and
completely embrace it.

Corruption is rife in the Philippine judicial system. The efficiency of courts is impaired by
a lack of resources and qualified staff, and bribery. Foreign investors characterize the
business environment as uncertain due to slow and unfair dispute resolution, expensive
litigation processes and corruption among judges. Procedural fairness and transparency
are severely undermined by nepotism, favoritism, and impunity. The political and
business elite are able to influence prosecutions, convictions and sentences in criminal

cases through bribes and personal influence. The judiciary is underfunded by the state
and often depends on local sponsors for resources and salaries, resulting in nontransparent and biased court decisions.
GAME PLAYERS. Corrupt courts deny victims and the accused the basic human right
to a fair and impartial trial, sometimes even to a trial at all, group chairman Huguette
Labelle said. It is tempting to simply point an accusing finger at judges. The influence of
a corrupt judge can be huge. But judicial corruption can extend to all players in the
game. Court officials may seek bribes for services that should be free; lawyers may
charge additional fees to expedite or delay cases, direct clients to judges known to take
bribes, collude with judges to lose a case, or even act as intermediaries for bribepaying. Clerks may purposely lose certain files. Prosecutors may drop certain cases for
a price. If money and influence are the basis of justice, the poor cannot compete.
Bribery not only makes justice unaffordable, it ruins the capacity of the justice system to
fight against corruption and to serve as a beacon of independence and accountability.
What we need is an ample and sufficient budget. Allotted budget for the judicial
department must be increased. The game players need more tokens to continue playing
their games and to win this game without using any dirty tricks. It is undeniable that
some of our public attorneys and judges are undercompensated which trigger them to
play dirty.

LOYALTY. Everyone considers loyalty to be defined as respect, honesty, love and

patients. It is supposed to be viewed in a positive light. But how does it contribute to
corruption? Loyalty to former bosses, peers, the appointing authority, church, and family
has clouded what are supposed to be impartial and independent decisions by the
people who comprise our court of last resort. The rule of law is a pipe dream for the
Philippines, where the culture of personalan" is more highly valued than
professionalism. Philippine culture do affect decisions. Education may teach future
lawyers, judges and justices the law and procedures but it is indeed hard to forget a
debt of gratitude which could hardly affect their judgment. This value should be set

aside in rendering judgment or in handling a case. The obligations of lawyers and

judges are to administer justice unbiased and impartial.

PONENTE SYSTEM. This arrangement has its disadvantages. Other Justices leave the
work to the Ponente and dont read up on the case. Thus, they tend to depend on the
Ponente to have done his homework. Trust operates here but the Ponente , at times,
can mislead the Justices by presenting an incomplete set of facts. The member of each
group of Supreme Court Justices must submit their opinion or recommendation about a
case to the Ponente to avoid this kind of problem or error and for the public to be
assured that all of them are really reading the case and not just relying on the Ponente
and concurring.

SEPARATE REALITY. Being at the top has somewhat wrapped the Justices in a
separate reality. This is evident when they discipline the lower courts. Supreme Court
Justices routinely punish judges for offenses they themselves commit but get away with.
Disciplinary rules must apply to all judges and Justices alike, the judges of the lower
courts bears the bulk of the work since they are the ones who will evaluate and
eventually render the decision on a particular case. If they have time frames to solve or
render a decision on a particular case then these time frames must also apply to the
Justices of the Supreme Court, after all they are all members of the Judiciary.

ABSENCE OF CONSOLIDATED RULES. What is surprising about the Court, though, is

the absence of consolidated rules. While it has required the lower courts to be strict
about internal rules, the Supreme Court has not put together its rules in one document:
they remain scattered in various circulars. It is up to the lawyers to keep track of the
rules as they come. This can be remedied easily by having a dedicated server for all the
circulars that the Supreme Court makes. It can also be published in a yearly journal so
that the new circulars can be incorporated on the new issue of the journal every year.

ACCESS TO INFORMATION. While the Justices have refused to make public their
statements of assets, liabilities, and net worth (SALNs), they have ordered judges and
court personnel to file theirs every year. The Justices of the Supreme Court should also
file their SALNs every year just like any other employee of the Government. It will not
encourage suits against them nor endanger their lives but it will be a first step for the
transparency that everybody desires and a very good example to the other employees
of the Judiciary.