Tag: justice

Philippine Government: A Lopsided Democracy?

A Supreme Court Justice has been impeached. A former President has been arrested. Earlier, an Ombudsman head has been sacked. The former COMELEC Commissioner has also been detained. What else is next?

176 Signatures From Congress Gathered within a Day for Corona's Impeachment

In the past months, the Aquino administration has indeed made it a point to eliminate from any seat of power people who had ties with the former administration. In the pursuit of a “tuwid na daan” the seats of power has been cleansed and purged despite the threats of economic meltdown. (A robust economy is apparently not the priority). I guess pursuing after the right path comes with a cost.

There are those that say that the speed by which Corona has been impeached clearly marks the influence PNoy has on Congress. With the SC Justice gone, there is the possibility that the Supreme Court would also come under PNoy’s influence. Some fear the democratic government which enjoyed equality of the 3 branches would fall into a silent autocracy with 1 branch having pronounced influence in the other 2.

But haven’t it always worked that way? Of course in each branch there are those labelled as opposition thus balancing the act but isn’t it that in the end, the more powerful branch, usually the Executive, is able to get away with what he wants irregardless of the opinions of the other 2 branches? Case in point: GMA and her various criminal allegations gone unpunished and unquestioned until now when the tables has obviously turned against her favor.

Frankly, I don’t feel any remorse for the Chief Justice who was the one who left the Vizconde massacre unsolved despite the 20 years of elusive justice. I don’t feel any allegiance to a Chief Justice who is labelled as a Midnight Appointee of a former president now being tried for her crimes. I don’t trust a Chief Justice who would allow an obvious escape plan of a highly suspected criminal to be put into motion i.e. issuing a TRO against GMA’s watch list order.

Corona: GMA's Midnight Appointee?

But then, I also don’t have much respect for law makers tasked to come up with laws that are supposed to put the country in a more progressive state but really has contributed more to its demise. Case in point: Duwang Camarines. (The Congress has voted in favor of it). Dynasty Rule. (No one has really come up with a law against it).

What I do respect and believe in is justice. Justice, in her own mysterious ways above the powers of man, making her presence felt. It’s about time GMA is tried and punished for her crimes. Her husband would come next. Her cronies and allies are already one by one being arrested. As they say, those who side with evil are eventually punished.

It may be a rough and dark “tuwid na daan” (what could we expect really?) but if it comes down to cleaning the present political scenario of the country or at least proving to jaded Pinoys that this country really has a shot at a clean politics, then I guess it’s worth it. Just so long as whatever skeletons in the closet the present President has must also be dealt accordingly and fairly (paging Hacienda Luisita Issue). Bias must not play a part in any way for any party.

For me, prosecuting those who are at fault and serving real  justice is enough accomplishment for PNoy’s 1 1/2 years in office. But it doesn’t end there. Cleaning up the system has a long way to go and eventually other aspects of society – economy, basic necessities, etc. would be crying out for attention – “tuwid or baku-baku na daan” alike.

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will JUSTICE be served this time?

Andal Ampatuan Jr. has been arrested and charged with the mass murder of 57 innocent people during the Maguindanao massacre – the most brutal killing in recent history due to political rivalry. He is now facing life imprisonment without parole if ever found guilty. Everyone is praying that justice will be served to the victims.

 

Yet what is justice really? What side does justice serve? A friend told me that the dirtiest word he had ever encountered was justice. Everyone seems to be shouting it – even the perpetrators. No one seems to want to admit that they are on the wrong side of the law. Everyone cries for justice. Even Ampatuan Jr. denies vehemently his involvement with the massacre. There are even times when people will claim they are wrongly accused and that they deserve justice. In either case, be it the defendant or the prosecutor, both will demand justice. It’s just that in some cases, one party shouts for it louder than the other.

 

Justice is defined as the quality of being just or fair (Free Online Dictionary). Yet how do we know what is fair or what is just? We look at the law. What does it mandate? What does it say? That is the standard by which we administer justice. Yet law is something that is made by man and is interpreted by man. So in the end the administration of justice is still left to someone’s subjectivity in interpreting something that is supposedly objective.

 

No wonder we have cases of justice going awry – bribed judges and juries. Or even out-of-court settlements. What happens when a millionaire is charged with a crime against a poor defendant? He makes amends by settling the dispute out of courts. People who can afford to pay their way out of a dispute – be it big or small – would always do so irregardless of what the law says. Is justice administered then considering that what is fair and just by the eyes of the law was not met?

 

Consider this hypothetical scenario. If a poor man was caught stealing from a rich man, he is bound to be imprisoned or sentenced to the punishment mandated by law. If a rich man was found to be violating the rights of a poor man, he most likely will pay the amount of damages to the poor man to escape the punishment mandated by law. I know there are loopholes to the argument but I hope you get my drift.

 

Point is, justice becomes subjective in relation to a person’s social stature. What is just to the eyes of man and to the eyes of law is different. The poor family of a rape victim would most probably accept millions of payment for damages if they would just stop pursuing the case against the rich rapist. After all, they need to be practical. Putting the darned man behind bars would probably serve justice in the sense that he is punished, but would that bring food to their table? What would they feel if the condemned man manages to bail out or worse was confined in pristine quarters? We cannot deny that rich convicts get certain privileges. Look at Jalosjos.

 

Many have died and sacrificed all in the pursuit of justice. Many have attempted to define it beyond what the dictionary tells us. It took almost 10 years for justice to be served for the Vizconde massaccre. What about the Maguindanao massacre? Would justice be served this time? Or would it be shelved for a long, long time?

 

Human progress is neither automatic nor inevitable… Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.

Martin Luther King, Jr.

 

 

*Credit goes to Richard for the idea and some of the words in this blog. 😀

Maguindanao Massacre: Where has our country gone to?

Once again, the Philippines have made her mark in the international scene. Not only has the country witnessed the most brutal massacre connected to political rivalry but she has also been able to oust Iraq as the most dangerous place for journalists.

It is really appalling how such a heinous crime can happen in our country. It makes one doubt whether there is really hope for the nation or not. I know I love my country but how come my countrymen can do such brutal things to their fellowmen? How can men commit such atrocities to his fellows? I can understand other races declaring war against other races but not the same nationality versus the same nationality? Have they got no conscience?

As I read the reports, both official and personal, I cannot help but feel a rage slowly burning inside of me. Is this what our country has ended up to become? A place where journalists can put to test their love and commitment for their profession in the face of grave danger? A place where women rights are violated as mercilessly and heartlessly as possible? A place where change and good reform is no longer possible and is even gravely challenged?

Mangudadatu realized that if it was he who filed his COC by himself, he would certainly meet a certain death given the fact that he had already been threatened and his requests for security both from the ARMM police and the Philippine Army were denied. A convoy of journalists and women were suppose to be a safe delegation. Apparently, he thought wrong. Journalists and women are no longer immune to the evil plots of the enemy. They are as much targets as men and security personnel are. I wonder if there would have been any difference had the convoy been a busload of school children travelling the dangerous road to file the COCs.

And even innocent motorists were included in the onslaught. How can they be so cruel? Are they this blood thirsty for power?

To think that there have even been speculations that this may suspend the 2010 presidential elections. The upcoming elections already promises to be a brutal one – with the introduction of a whole new scheme of voting and the number of candidates running seemingly endless. Now, even before candidates can file the COCs, bloody events are already happening.

Sometimes I cannot help but make speculations over the entire events. Can it be that this is part of a much larger scheme than just mere political clan rivalries? I know I am not the first one to make such speculations. I don’t know if I am the first to publicly admit them. I sure hope that I do not get abducted just because of this. After all, I am no longer in UP and I am just a mere writer writing inside the confines of her home with only the Internet as her portal to the outside world. I think that hardly qualifies me as an activist worthy of abduction and execution. But with the current administration we have, we cannot really be all too sure.

GMA’s administration has been tainted with blood and gore. There are reports that during her term, there had been mass killings of journalists, abductions of reported activists and many other political killings. Her term hasn’t even ended and already the most brutal killing in recent history has taken place. The Ampatuan clan has been political allies of the current administration. Even if GMA has declared the region a state of emergency and even if their actions have been condemned and they have been expelled from the Lakas-Kampi-CMD party, the fact that they were allies still remain. Could all this then be just a ploy for an extension in power of the person with the highest position in the country?

Even a state of emergency, which would deploy armed men in the region to prevent retaliation can have grave consequences. It may increase the tension in the area and even encourage further bloody combats.

I can’t imagine what would happen next. I certainly pray for a much better future for our country; a peaceful election and elected leaders that would be able to bring a more sustainable future to our country. I agree with my friend when she said that she wouldn’t want a candidate who would promise the stars – a candidate who would promise to give employment to all unemployed and eradicate corruption from the system. What we do need is someone who can give us hope for a better tomorrow through sustainable plans – plans that would indeed be plausible.

More than that, what we need to do is go out there and vote. Well, not just vote but guard our votes as well. If each and everyone of us would show just an ounce of care for the country that we are in now by going out and exercising our political rights, then perhaps there would be some change in this country. It is easy to be apathetic especially if you live in a region far from the tumultuous regions of the country, but we must start having a nationwide vision – a vision that is not merely limited to the confines of our region or worst the small world we move in. We may not know these people who were killed; we may not even give a damn that such monstrosity is happening down south. So long as we are safe in our little niches, we can afford not to care.

But how long will our little niches remain safe? The Maguindanao massacre has far flung consequences that if not addressed properly might lead to the whole country being severely threatened. How long will it be before other political rivals started killing each other? How long will it be before a civil war borne from all this possible political rivalry killings ensue? We must not allow such mindless killings to perpetuate our society. We may not be journalists, nor law enforcers, nor security persons – we may just be simple and ordinary citizens living simple and ordinary lives. Yet there is a lot that we can do to ensure that this country of ours does not fall into the likes of people who value power above common good; who resort to evil for the sake of personal ambitions.

And one of the small but high impact things we can do is go out there and vote in 2010 – and be vigilant about it. If you are not sure who you will vote for, then research about the candidates. Find out for yourself. Create your own opinion and do not merely ride with the popular majority. What is popular may not always be what is right.

I know who I will vote for and I am confident of his skills and capabilities. What about you?

Background

The Maguindanao massacre, or Ampatuan massacre happened in the morning of November 23, 2009 when the members of the political party of Esmael Mangudadatu comprised of his wife, two sisters, lawyers, aides and several journalists who were out to file his Certificate of Candidacy (COC) as governor of the Maguindanao province were ambushed as they pass the town of Ampatuan. The convoy, together with several innocent motorists who were mistaken to be part of the convoy were abducted, killed and buried. Andal Ampatuan Jr., Datu Unsay mayor, has been formally charged with multiple murder and will be sentenced to life imprisonment without parole if proven guilty.

Sources

Maguindanao Massacre (Wikipedia)

Understanding the unbelievable (Philippine Daily Inquirer)

Inquirer man recounts harrowing tales of survival (Philippine Daily Inquirer)

Ampatuan charged with multiple murders (Philippine Daily Inquirer)

 

Disclaimer

These are all just my opinions and speculations. I am not submitting personal observations or speculations as facts. In other words, please don’t abduct me. 😀