Rogues in robes

The saddest part about the Alabang Boys’ acquittal is not the question of whether justice has been served, or how a “technicality” showed the incompetence of PDEA and the prosecutors. What is heartbreaking is that no one was surprised at the verdict. The premise is that most likely money changed hands. After all, the plaintiffs come from gated subdivisions — a shrug, end of story. From 2003 to 2007, over 13,500 drug cases were filed. Less than 5,000 cases of mostly simple possession led to convictions. The rest were either acquitted or dismissed.

The lack of outrage, resignation and seeming acceptance of judicial scandals belie the Filipino’s quiet frustration and simmering indignation. With the growing universal intolerance for abuse of power, the Judiciary should consider policing its own rank — seriously. The supposed “last bulwark of democracy”, the third co-equal branch of government is obviously not interested in walking the straight path. It is a closed society, wary of the prying eyes of media and ultra-sensitive to criticism. The Supreme Court particularly is fiercely protective of its reputation and acts with cartel-like omerta and ex-cathedra arrogance. Is it possible that they consider themselves above the law? 

It doesn’t help that CJ Renato Corona has had negative trust and satisfaction ratings from the onset of his midnight appointment by the outgoing GMA, who now seems like she may not have been an elected President after all. Ignoring delicadeza and grabbing the break of a lifetime, the SC top-post was just too tempting for Corona to decline. Consequently, a number of decisions promulgated by the courts are met with cynicism if not censure. The surveys reflect it too. In the 2Q SWS report, Corona is at zero-net satisfaction, up from -4%. Not much of a reputation to guard. In the same survey, the Tribunal was rated “moderate” at +26% (50% satisfied minus 24% dissatisfied). Better than the chief, but not good enough.

Perhaps the dissonance comes from not walking the talk. The high court angrily protests being called an Arroyo court then immediately if not obsequiously grants Mike Arroyo a TRO to stop DOJ’s travel ban. This is just the latest eyebrow-raising stunt pulled-off. Their past rulings on the plagiarism case against Justice del Castillo and subsequent suit against some UP Law faculty, the reversal of the Vizconde case and other dubious decisions have indeed cast a looming Shadow of Doubt. Marites Vitug’s book probing the Supreme Court was obviously done with a lot of care and insight. She wrote, “It is not always from the judges’ masterful and high-minded rhetoric, in page after page of decision, that we read them. Rather, it is in the lives they lead, the actions they take.”

It is so true that leadership by example is the best way to create a culture. Thus, the lower courts take their cue from their senior magistrates. The Regional and Court of Appeals’ judges are just as unable to resist incentives as they are cagey and supercilious.

In an interview, retired Court of Appeals (CA) Justice Hilarion Aquino admitted that corruption is not new. He claimed that most of the time it starts with lawyers and not with judges and magistrates.”Yun yung corruptor eh, ‘yung justices corrupted lang” (The lawyers are the corruptors, while the judges are the corrupted).

Aquino, chairman of the ethics committee of the Philippine Judicial Academy (PJA), made the remark following the dismissal of a magistrate and the suspension of another over the bribery scandal. He said he always reminds the attendees of his seminars not to be lured by money. “I used to tell the judges and the ministers ‘you know corruption is habit forming. We start with little things eventually it escalates to million.” 

Associate Justice Vicente Roxas was found guilty of multiple violations of the canons of the Code of Judicial Conduct, grave misconduct, dishonesty, undue interest and conduct prejudicial to the best interest of service. Another CA magistrate, Jose Sabio Jr., was meted a two-month suspension after he was found guilty of simple misconduct and conduct unbecoming of a justice.

In 2007, Transparency released the Global Corruption Report on judicial systems. Philippines ranked no. 8. It noted that a corrupt judiciary erodes the international community’s ability to prosecute transnational crime and inhibits access to justice and redress for human rights violations. It undermines economic growth by damaging the trust of the investment community and impedes efforts to reduce poverty.

“Corrupt courts deny victims and the accused the basic human right to a fair and impartial trial, sometimes even to a trial at all. 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 bribe-paying. Clerks may purposely lose certain files. Prosecutors may drop certain cases for a price,” said Group chairman Huguette Labelle.

The report categorized judicial corruption into two: political interference in the process by the Legislative or Executive branch, and bribery. The survey revealed that at least three in 10 households had to pay a bribe to get access to justice.

 There is injustice when there is one system for the rich and another for the poor. “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...” said Akere Muna, Transparency vice chairman.

Country Director of World Bank, Vinay Bhargava, posits a final point. If the leaders don’t want to fight corruption, can they be drawn by combined domestic and international pressure, into a tamper-proof and non-political systematic reform effort? If they don’t cooperate, or undermine it, then private sector and civil society should subvert the corrupt system.

Once again, the buck stops with us. Collectively we can unmask the robed rogues in the Judiciary. Shine the light and cast out the shadows through People Power.

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