Fix the problem or fix the system?

When it comes to fixing things, there are two schools of thought. One is to solve problem, while the other is to fix the system.

In the case of the Department of Justice and its boss, Secretary De Lima, the attitude has predominantly been to fix problems on a case to case basis, primarily depending on what her boss, President Noynoy is sensitive to or what may be politically embarrassing.

To the credit of De Lima and her people at the Department of Justice, they have been successful at fixing problems even if half the problems are internally generated by DOJ officials. The approach has primarily been case to case reflective of a lawyer’s mentality.

But to outsiders who have a “wider” view of things, it seems that the case-to-case approach is pretty weak if not useless in solving institutional problems that require fixing the system instead of solving problems.

Consider for instance the issue on “Hold Departure Orders” that has been on the political frying pan for several months. Secretary De Lima has focused primarily on placing former President Gloria Arroyo and family on the Hold Departure list.

When questioned about the validity, De Lima responded by focusing on PGMA being a flight risk and her need to face up to accusations of corruption and electoral manipulation.

Her enemies, critics as well as experts, on the other hand raise up legal points such as the absence of formal charges, constitutionality of the DOJ and its secretary to issue HDOs since this is solely in the power of Judges and not political appointees.

As if to shovel up more dirt and more worms, the unobstructed departure of Ramona Bautista, suspect in the murder of her brother RamGen Revilla also stirred up a lot of mistaken notions. Critics questioned how the Bureau of Immigration and Deportation can interrogate and off-load so many Filipinos but completely failed to detain or delay a known suspect in a highly publicized crime.

The difference of course lies in the fact that with potential illegal OFWs, if you shake them enough, they either fail to talk their way out of it or they fail to prove their legitimacy as tourists or legally documented travellers. In the case of Ramona Bautista there was no HDO and whatever the extent of relations, one does not detain the sister of a Senator especially if you have no authority or grounds to do so.

What looks like a series of problems for Secretary De Lima, is actually a systemic problem of the Department of Justice. The DOJ and De Lima have an opportunity to fix the system by addressing fundamental issues that have plagued HDOs.

The DOJ should address such issues as the spirit of and the law on Hold Departure Orders, who can order an HDO, what exemptions are there or special authority can be cited in the absence of an HDO, why and how are HDOs issued, the contents of such orders, what or should there be a lifespan for an HDO.

For those affected mistakenly or unjustly, what immediate legal remedy is available to “victims” of irregular HDOs like those acquired to harass foreign executives, how can we provide a clearing office and subsequent clean up of mistaken identities at our airports or ports, how can the DOJ, especially the BID clear their counters and terminals of dead files and update current HDOs.

Given the gravity and media attention garnered by the mess, it would be justifiable for the DOJ to call a summit of all stakeholders and interest groups to clean up and clarify the mess and serious injustice created by the much-abused HDO.

No less than the BID Commissioner has appealed to the Judiciary to review and update their files and Hold Departure Orders because many of those issued carry little or accurate information. As a result, many people especially Chinese Filipinos are wrongly subjected to delay or denial of departure, while the real targets or criminals manage to “fix” their problems through connections and fly-out of the country repeatedly.

The problems will not end unless Secretary de Lima chooses to act like a manager instead of a lawyer. The DOJ is encountering a lot of problems because there is something fundamentally wrong with the system. Fix the system and you reduce the problems.

* * *

Another problem that requires Secretary De Lima’s managerial skills would be the money making but irritating and inconvenient process of getting an NBI clearance.

For starters, what used to be a requirement largely for sensitive positions has now become “just another” requirement. In the early days an NBI clearance was almost a foolproof document that you had no criminal record. But now we hear of scammers such as maids from placement agencies who show NBI clearance but turn out to be real criminals.

Instead of being a vital document the NBI clearance has slowly followed the path of the Cedula, income for the government but inconvenience for its citizens. If the NBI persists on such income generation, then they should improve their service by reinvesting their big profits by building more terminals or centers ALL OVER the country. They should also have an online updated service where people can cross check an NBI clearance based on an ID number to find out if the person’s status has changed.

It is highly unfair and irregular that citizens be forced to apply every year or every time they apply for work or for a visa. The NBI is supposed to be dealing with crimes not clearances, serving citizens not making repeated profits from them. This systemic abuse and profiteering should be stopped.