User:VACCsarj

ROADBLOCKS TO JUSTICE: THE VACC EXPERIENCE***

Headline text

I. INTRODUCTION “Victims should be treated with compassion and respect on their dignity and are entitled access to the mechanism for justice and prompt redress for the harm they have suffered”-- thus the United Nations speaks so eloquently on the issue of victims’ assistance.

In The Philippines, the Criminal Justice System provides the machinery for society to prevent and control crimes as represented by the five (5) pillars working side by side: 1) Law enforcement 2) Prosecution 3) Courts 4) Corrections and, 5) Community While indeed, these government components cooperate and collaborate with each other to investigate, prosecute, render justice and incarcerate offenders with the active support of the community at large, the justice system in the country leaves much to be desired. The prevailing climate of political and economic instability aggravated by the so-called emerging culture of corruption as manifested by the flurry of corruption scandals and unending political squabbling, have, in many ways, adversely affected the administration and delivery of justice to victims.

Undoubtedly, ensuring that the victim has access to justice in accordance with the legal system in force simply ascertains that justice will be done. Unfortunately, no statistical data is necessary to conclude that the kind of criminal justice system we have today has not been fully effective in serving the ends of the “forgotten person in criminal justice”---that is the victim. As culled from first-hand experiences of victims, the prevailing system has not been victim-sensitive to offer the survivor the optimum chance to win the appropriate justice that one deserves. The growing reliance on Non-Government Organizations (NGO) catering to victims’ assistance is a painful testimony of this inadequacy.

Perceived weaknesses of the system confront the survivor/complainant at every layer of the justice process. And since the system works in tandem like a bow and arrow dependent on each other, the victim is left with the extremely difficult task of having to hurdle any form of corruption or infirmity in the five pillars at any one time while pursuing his case. During the investigation, lack of investigative skills or just plain corruption by an errant officer could doom his case early on. In prosecution, an underpaid, overworked prosecutor could sell his case to his moneyed opponent; thereby precluding the case from even reaching the court. In the courts, if he is lucky enough that his case is filed; long delays could stretch the trial to years straining the survivor financially and emotionally. By then, he may be forced to give up the case altogether—all of the undue, severe stress has all, but defeated him.

Should the case survive up to the promulgation, the last crimp to be ironed out are prison concerns where, even in the penitentiaries, the influential have a separate set of rules, where grease money could easily release a convicted inmate, no matter how authorities may deny the transgressions.

Meanwhile, the spate of mass murders during the recent pasts, with the wholesale killing of people, provides a horrifying commentary on the hellish state of peace and order and the flagging criminal justice system in our country today. The advocacy for victims’ assistance started in 1991 through Crusade Against Violence (CAV) at a time when several high profile cases hugged the newspapers, radio and television. These included the murder of Maureen Hultman by Claudio Teehankee Jr., son of a former Chief Justice of the Supreme Court; the killing of Leni Villa in a hazing spree by the fraternity group of the Ateneo de Manila University; the murder of Boboy Jimenez, brother of the undersigned, by a drug-crazed syndicate; and, the Vizconde Massacre, where the family of Lauro Vizconde—his wife Estrellita and two daughters—were brutally murdered at their home in Paranaque, by scions of influential families. The rottenness of the criminal justice system experienced by survivors of these cases, at that time, gave birth to victims’ advocacy in the country. Atty. Leni died, heartbroken, without seeing justice for his son, Leni.

The Boboy Jimenez case underwent similar ‘double victimizations’—downgraded from murder and back until it was promulgated in 1998, eight (8) years after. During the incarceration of Carlito Aguilar, one of the murderers of Boboy; he was released using fake release papers prepared by unscrupulous personnel of the Bureau of Corrections in Muntinlupa! Only the sheer vigilance of the Jimenez’s enabled authorities to re-arrest the escapee.

By 1998, when the Volunteers Against Crime & Corruption (VACC) was founded and NGO’s involved in anti-crime and corruption, judicial reforms were starting to be felt, strengthening, somehow, the position of the victim, like the implementation of the Witness Protection, Security and Benefit Program of the Department of Justice to help vulnerable and intimidated witnesses; encourage them to give that vital testimony where effective justice hinges. To compensate this, the new forensic investigation technique using DNA testing was introduced and its admissibility in court was successfully proven in a few crime cases.

Meanwhile, the community as it awakened to the need and actively participate in the rising issue of criminal justice, rose to answer the call for vigilance and VACC carried the torch--- (1) to tighten the fight against crime, (2) to strengthen the position of the victim and assures access to legal services and (3) to restore a victim’s rightful place in the Criminal Justice System. From its inception to the present, VACC netted a total of 102 promulgated cases, to which, 90 were convictions.

II. DISCUSSION

A. Problems from the side of the Victims

In 2002, the mangled body of wife and mother, Ma. Cristina Esturias- 27 years old- was found dead beside their house in Blue Isle Subdivision, Sto. Batangas; she was bludgeoned to death, her face, beyond recognition, was smashed with hollow blocks while her little daughter wailed for her mother inside the house. The local police made a cursory investigation on the killing and filed a token case of parricide based on a sloppy police report on the killing which the government prosecutor readily dismissed for lack of evidence. In short, nothing came out of the abominable murder. Six (6) years after, the mother is still dreaming her desperate dream when the case of her daughter maybe re-opened and that, at last, criminal justice may start to grind and her daughter’s soul may soon find rest.

In 1998, Jerico Jereza, a 21 year-old student, attended a local dance party in General Mariano Alvarez, Cavite. He never came back. He had a spat with the local bully; the son of an influential and notorious Barangay Chairperson who had the victim kidnapped from the party, brought to the barangay hall and was tortured to death. His body, was then, brought to a nearby cemetery; burned and charred beyond recognition, then chopped up and buried in several places. In the course of the trial, the survivor victims were incessantly harassed, threatened to death until they were forced to relocate in Manila, where they live, cowering in constant fear. Traumatized, impoverished they fought on. The case went on a long torturous trial for ten (10) years until its promulgation and a conviction this year (2008).

The above crime stories are, among the numerous cases, at VACC that, despite contrasting outcomes, reflect the common problems that affect the victims’ cases. The first, despite it heinous nature, simply went unsolved and forgotten due to incompetent investigation and/or lack of modern and appropriate forensic tools, while the other, despite its positive outcome, went through the rigors of a long, difficult and expensive trial that erodes, just as viciously, the finances as well as the emotional health of a survivor, especially the indigent one. Because of possible payoff, whitewash and other abuses, the victims are further victimized and marginalized by the criminal justice system which is supposed to protect them. Desperate, the victims are often tempted to resort to “judicial short-cuts” or “angels knock” as they call the outlaws who offer their services for the victims to gain justice—by cutting edges. This is very dangerous reality that haunts victims everywhere not only at VACC.

We will discuss at length the problems that haunt the criminal justice system as experienced by victims. While this Summit focuses on court process, the discussion on the problems of the system cannot leave out the other justice components because, as stated earlier, layers of corruption permeates the system from investigation, prosecution, the court and corrections.

The following problems have been identified to be common among victims at VACC and anywhere else that significantly defeat the noble objective of affording the people better access to the justice process:

1.) Long and Expensive Court Litigation

On the average, a complainant in a court case spends, at least, THREE HUNDRED THOUSAND (Php300, 000) PESOS following up a case within two years—from the time a crime was committed up to actual trial. This includes actual transportation, documentation, technical, medical and other requirements of the case—assuming that the complainant is being assisted by the free legal services of a public prosecutor. The law mandates a period of sixty (60) days for the prosecutor to issue his resolution during the preliminary investigation, but VACC’s experience tells us that such deadline is rarely, if ever, followed.

There are VACC cases where the Preliminary Investigation (PI) reaches up to several years! Of the hundred promulgated cases VACC assisted, the average trial period is 6 to 7 years, although many cases went from investigation to promulgation for 10 years or even more. Of late, cases get promulgated as early as 3 years, but this fresh breath of speedy trial, ironically, is rare and far between. One reason for such delays is the tolerance by the court on postponement or cancellation of hearings as resorted to, by the accused, as part of the delaying tactics employed, even at most, flimsy reasons.

The Jereza case above lasted for a decade. A quick computation of the expenses over that long period and one would not be surprised if many victims/complainants have contemplated suicide, the financial stress adding up to their pain. You hire a private lawyer over an average period of 6-7 years’ trial and the victim is doomed to eternal financial damnation unless he has millions of interest-earning deposits.

Volunteer lawyers with the selfless notion of serving the public are hard to come by and because of this reality or as a result of it, it is said that justice is only for the rich and the powerful.

It is easy to see at VACC that there are more people in the lower income bracket who need the kind of professional legal assistance that most times only the rich and influential can afford, in which case, the moneyed opponent can hire the best lawyer!

An issue of late that has undoubtedly increased the financial misery of the indigent litigant is the increase of court’s filing fees both in the prosecution during the preliminary investigation and in the courts. Victims of crime have to pay filing fees in most cases and this increase in legal fees denies them full access to the court. And if we were to review, once again, the profile of victims especially those seeking assistance at VACC, we have had instances when a victim is so impoverished as to literally beg our staff of volunteers for something as minimal and basic as his fare home. It’s safe even to assume that in some cases, poor, marginalized victims are daunted by the huge filing fees to pursue their cases in court.

Another concern contributory to the above is the towering red tape that infests the judicial system. Following up a case in court is a long and tedious process because of bureaucratic red tape. Not only does it add up to the high expense, it slows down the movement of cases resulting to these cases clogging the courts.

2.) Corruption of Incompetence in the Justice System

While competent and morally upright prosecutors still thrive in the prosecution services as we have had recognized and awarded several of them over the years for jobs well-done, it cannot be disregarded that they could be lured in accepting bribes, for reasons of, uncompetitive salaries. Cautionary tales abound of errant prosecutors with fat wads of bills. Similarly, accounts of dreaded “hoodlums in robes” selling their decisions—circulate in the judiciary. Even the so-called “timbre system” among jurors continue to threaten the cases of victims although a few brave judges, who cannot be bought, have earned accolades at the victims’ community.

Again, VACC cites the vicious cycle of justice dispensation that traps the victim and eventually denies them the justice they seek; a prosecutor may lose one’s case if the evidence of an inept or corrupt police investigator is weak; a case-no matter how strong the evidence is- cannot withstand before a corrupt judge bought by the powerful or the powerful himself, who terminates the Preliminary Investigation with this stamp of ‘No Probable Cause’ just because the judge was bribed! The victim may not enjoy the glory of a sentence rendered and justice gained with the conviction of the felon by a competent, upright judge if prison officials are not fastidious in locking up convicts so they will not commit crime again.

3.) Weak Investigation and Case Build-Up

With the “no witness- no case” notion in pursuing cases, a scourge of investigations and prosecutors coupled with the unwillingness of witnesses to testify--usually out of fear for their safety or for monetary considerations-- The victim may suddenly find his fight teetering in favour of the suspects, if the witness whose silence can be bought or coerced soon sides with the latter. A corollary problem is the lack of skills of some law enforcers to properly function as investigators. While modern technology in investigations such as the DNA testing has been explored and used, this has not been fully utilized or is not readily available and further, a dearth of skilled forensic practitioners to apply the technology. Many cases have been lost and crimes went unpunished because of such mishandling of vital evidence.

4.) Laws Lopsided in Favour of the accused

While the accused or suspected felon are fully protected b y law-- such as the guarantee to have the right to counsel, due process and prohibition against double jeopardy--victims are not accorded the same rights and privileges. While the defendant is allowed all possibilities of establishing his innocence or presenting other considerations for his defence, similar attention has not been paid to the victim.

III.CONCLUSIONS / RECOMMENDATIONS

In view of the above weaknesses and problems in the system, following are possible solutions, which are, hereby recommended:

1.) LONG-TERM SOLUTION: The creation of a monitoring body to look after the welfare of the victims/ survivors. As VACC view from a victims’ perspective, a real obstacle in the system is the lack of a bona fide agency exclusively assigned to tackle the problems of victims. While there are indeed, endemic agencies that investigate and prosecute offenders, there is no agency or office of the government that coordinates, orchestrates and even harmonizes their collective functions to meet victims’ ends.

2.)MID-TERM SOLUTION: The enactment of laws of the updating of old ones so that they will be more responsive to present and emerging problems in the judicial system particularly those that concern victims. The basic tenet of ‘justice delayed—justice denied’ is best applied when coming up with the legislation to shorten the period of litigation that will unburden the victim from a long and costly trial. Delaying justice is denying the victim accessibility to justice.

3.) SHORT-TERM SOLUTION: Strengthen the prosecution and the judiciary pillars by increasing its budget allocation. Provide a more competitive compensation package that will attract capable and morally upright lawyers to join the service and at the same time, reducing graft and corruption in these institutions (that maybe) committed by overworked and underpaid personnel.

4.) Other positive measures are: • Review of existing laws enacted by Congress such as the Juvenile Justice and Welfare Act, the comprehensive Dangerous Drugs Act among others; • Improve investigation and case building by setting up DNA Laboratories in each region of the country; • Solidify the country’s Witness Protection Program and one way to attain this is, by putting up more attractive “reward system” for witnesses and whistle-blowers-- apart from providing them shelter and protection inimical of the Witness Protection Program under the Department of Justice.

Community participation, on the other hand, cannot be ignored. Because of the predicament of an increasingly inaccessible and expensive judicial system, the active participation and vigilance of the community--- foremost at the heart of the criminal justice system--- is not only desirable, but, imperative.