The sad state of the justice system

The oft-quoted vision of President Manuel L. Quezon that “I prefer a government run like hell by Filipinos to a government run like heaven by Americans” was apt and proper when Filipinos then had been fighting for political independence.

After 64 years of independence when public governance has inexorably worsened in chaos and almost anarchy in magnitude, would Quezon now virtually eat his words like garbage? In all facets of governance from the commonwealth until the autonomous regime as now, so much is yet to be desired from the executive, legislative, and judiciary in the exercise of sovereignty.

Among the three branches of government, like the universal perception of democracy in wherever milieu, it appears a given that two branches may be weak and less effective, as long as the judiciary works as the strong rampart of the justice system.

Likewise, that famous Quezonian aphorism, “Justice delayed, is justice denied”, as the cornerstone of dispensing prompt justice, has remained an altruistic yearning beyond reality, getting further unattainable, and farther beyond reach.

It also appears half-consoling that “while the wheels of justice grind slowly, they do grind surely”. But the painful reality is its wheels grind excessively slow in uncertain and jarring grunts and irregular pauses, and inconsistently.

This is not a sweeping rebuke at the courts and the magistrates at their helm. It’s more of a lament against the system – or the lack of it – and the overall policy thrust in the dispensation of justice, sans prompt and dedicated disposition of cases, with spartan work ethics.

The latest example of the over-delayed justice system is the Vizconde case. All accused were convicted by then RTC Judge Amelita Tolentino in 2000, brought on appeal, and the judgment confirmed by the Court of Appeals twice in 2005; and, finally decided by the Supreme Court now in December 2010, acquitting all accused for failure of the prosecution to prove their guilt beyond reasonable doubt.

The factor of time delay is the crux of the issue here… The accused were deprived of their freedom for 15 years as the crime is beyond bail. Even complainant Lauro Vizconde has had a very dehumanizing life for twenty years, certainly with no peace of mind while going through the ordeal alone. Even the fact of waiting has been a soulful tragedy, heart-rending and conscience-sapping crucible for two decades.

It’s perplexing why the RTC and the CA on appeal disregarded the defense theory of alibi, since the crime was committed with Hubert Webb outside the Philippines. Former Senator Freddie Webb said, they had some 400 documents, like, passport, plane tickets, photos authenticated with dates and places abroad, etc. While alibi is generally a weak defense, in Hubert’s case, alibi won out. A layman reactor wondered if Webb’s alibi also benefited the other accused; nevertheless, the SC rationale in acquitting them is lack of evidence beyond reasonable doubt.

On hindsight, prosecution star witness Jessica Alfaro has been assailed as unreliable witness, allegedly “handled” or manipulated by the NBI to so testify on matters that the NBI had so theorized. As portrayed in TV, there were so many lapses in her testimony, like, on the ID of accused Rodriguez, and other material aspects. But then, what about the semen samples of certain accused as compared to what had been taken from the victims later?

Whatever further issues, the 15 year hiatus with all accused under detention before final disposal of the case, isn’t just a rare case of undue delay. A lot of other cases have likewise been delayed and, that is what should be addressed by the Courts pronto. No excuses are enough to appease the victims of justice delayed.

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