Ruhiel Ty Manuel August 1, 2015

LL-2 Eng Plus

“State of the Justice System of the Philippines”

Filipinos immediately have negative thoughts upon being asked this question, and I am

inclined to agree with them. To seldom do we see high ranking politicians evading the law, for

grievous offences so heinous it is already apparent, but for reasons of political machinations and

through the process of intense litigation, justice it seems has been delayed or abated altogether.

Before I enter into the intense political drama that is the State of the Justice System of the

Philippines, we must first understand what Corruption means “It is an act done with intent to

give advantage inconsistent with official duty and the rights of others. It includes bribery, but is

more comprehensive because an act may be corruptly done through advantage to be delivered

from it is not offered by another” (Magallanes vs Provincial Board 66 Official Gazette 7839)

Simply put, Corruption pertains to acts done by public officials for the purpose of greed

self-interest at the expense of other people’s rights. Which we can plainly see by merely viewing

the news, and we can immediately tell, by a common man’s reason that there is something wrong

with our country.

The recent Ampatuan mass murder case and Mamasapano incident are two such prime

examples, on one side the criminal mastermind who ordered its execution has thrown so many

legal remedies as hurdles against the prosecution, the litigation still goes on, and the death of his

father, the supposed higher mastermind who ordered the attack, only throws even more doubt as

to even if the case can be resolved at all, in this Justice has been so delayed, people have lost
hope that this case will ever be resolved, given that some cases could take decades, the case only

ends when all the parties are dead, and the heirs see it pointless to continue the expensive

litigation.

Much more so for the Mamasapano incident, these were loyal armed soldiers of the

Philippines, who died for their country executing a mission of terminating a high level foreign

terrorist on Philippine soil. They were ambushed, no reinforcements came even after nearly an 8

hour battle for survival ensued, in the end when they surrendered they were butchered and

stripped of their arms. The nation was outraged at this dishonor, and yet what has our Political

leaders done so far? They entered are trying to pass a bill for the implementation of the BBL,

instead of vindication they went into “peace talks”, and even plans to give a budget to the very

same terrorists who butchered those soldiers to create their own separate state.

Forgive my anger and frustration, but these terrorists have done nothing but kill, pillage

and plunder the lands they conquer all under the guise of freedom for Muslims, and a free

Islamic State, and the Government is just gonna lie down and take it, as if were the ones

negotiating for peace? When they incited this rebellion for the very same reason previous

militant forces were established, what makes them different? Why should the government now

give favor to them?

In an excerpt from “The Tenth Internation Training Course on the Criminal Justice

Response to Corruption Participants papers” titled “Corruption Control in the Criminal Justice

System of the Philippines” by Froilan L. Cabarios, who is a Public Attorney of the DOJ, of page

171, he highlights the current status of the Justice System “According to the latest Transparency

International Corruption Perception Index, the Philippines ranked 121, in 2006 and 131 in 2006
of the 180 countries included in the survey that has remained unchanged, despite the other

countries improving” (URL: www.unafei.or.jp/english/pdf/RS_No76/No76_19PA_Cabarios.pdf

Retrieved: August 1, 2015 08:35:00 AM)

There is so much Corruption in the current Government it is indeed hard to perceive if we

have a Justice system at all. Despite having so many laws preventing such which include:

1. The Revised Penal Code on Article 210 against direct bribery; Article 211 against

qualified bribery; Article 211-A against corruption of public officials; Article 212 of

frauds against the public treasury; Article 213 against malversation of public fund or

property

2. The Law on Forfeiture of Ill-Gotten Wealth known as Republic Act No. 1379

3. The 1987 Philippine Constitution under Article XI section 15 of the right of the State

to recover properties of ill gotten wealth.

4. The Anti-Graft and Corrupt Practice Act known as Republic Act No. 3019, which

punishes acts constituting betrayal of public trust since the offenders, as public

officials and employees are mandated to protect government coffers and fiscal

resources.

There are current reforms currently being implemented to curb Corruption in the

government, and perhaps there is yet hope, for the laws in our country have been wonderfully

crafted, their implementation has been given little enforcement, and we can at least expect that

the possibility of a corruption free Philippines is not just a pipe dream but may become a reality

one day.