1.

JUSTICE DELAYED AND DENIED IN THE PHILIPPINE COURTS

According to Lloyd Duhaime Time is memorys theif (Delays in Reasons
for Judgement, 2013). How can justice be rendered when the courts allow
cases to take months to years before its final resolution. True facts and
circumstances are forgotten due to the outstanding delay our justice
system provides. How are witnesses supposed to properly attest to the
events of the case when years have been allowed to elapse in between
the event and their narration on the witness stand? Example is the
Maguindanao Massacre Case, there are only several witnesses who are
willing to testify against the culprit politician, but allowing the case to stay
pending for a substantial period of time shall create doubt in their
testimonies, which will be in favour of the opposing party. Supposing that
the accused is indeed guilty, the absence of absolute proof shall not
render fair justice sought by the victims; and the delay shall enable the
party of the accused to convince witnesses to back-down from taking the
witness stand. The victims are aggrieved by the whole situation of the
delay, let alone if the delay shall continue. Indeed justice delayed is
justice denied, this is one of the circumstances why the Philippine Judicial
System denies everyone in its jurisdiction, justice. There are several
underlying factors on why there is such delay, some of which include:
economic capacity of parties, judges, government, and etc. The bottomline seems to be the corruption in the country, which is far from being
eradicated, corrupt government officials, corrupt judges, and wealthy
parties who are capable of buying power, leaving the poor to be denied
justice. The definition of justice varies from individuals to individuals on
the basis of its economic conditions according to Bhaskar De (Bhaskar
De, Justice Delayed is Justice Denied). This holds true in the Philippines,
and applies not only to its justice system. The Philippines is living within a
morality that money and power rules everything, people with more money
tend to be more powerful, at the prejudice of the less fortunate. Only few
are able to stand up against them. In the Philippine justice system,
despite a competent judge tasked to render speedy judgment, the
wealthy are able to find ways to delay cases in order for such to rule in
their favour in the long run. The less fortunate cannot keep up with the
lengthy delays in judgment requiring them to spend more of what little
they have on more appearance fees of attorneys, more payment for
required pleading, most of which succumb to such disadvantage and end
up dismissing cases due to financial incapacity. Litigation is not cheap, it
is expensive, and its expense also depends on the expertise of the lawyer
chosen, lawyers with more experience tend to charge higher fees. In the
current situation, no one is free from exploitation from those with more
power; justice can prevail when everyone is at the same footing as
everyone else. Notice cases with parties of the same financial capabilities
tend to be resolved in a speedier manner than those cases where one
party is wealthier than the other. Wealth can also be controlling in other
different ways, and judges are not exempted from succumbing to such
evil temptations. Judges may unduly delay cases without justifiable
grounds to be able to satisfy a bribe or consideration of one of the parties.
Unethical as it is, but it exists within our judicial system. Countless
administrative cases reflect this fact. In the case of Dysico vs. Dacumos
(AM MTJ-94-999, September 1996), Judge Dacumos was found guilty of
accepting bribes and unreasonably delayed the resolution of motions. It
was found that Judge Dacumos accepted fees and partook in a so called

John Jeric S. Lim

merienda offered by one of the parties and delaying the case by seven
months after the 90-day period allowed by law. The bottom-line among all
these causes of delay is corruption, both within our judiciary and our
government. Corruption, according to the World Bank Organization, is the
abuse of public office for private gain. Public office is abused for private
gain when an official accepts, solicits, or extorts a bribe. It is also abused
when private agents actively offer bribes to circumvent public policies and
processes for competitive advantage and profit (World Bank Organization,
Helping Countries Fight Corruption). Before grasping corruption in the
judiciary, we must clearly establish how corruption in the government
affects the judiciary in aspects of rendering justice. A corrupt government
is an inefficient government. Look at the situation of the Philippines, we
have annual budgets amounting to billions but the benefits of which are
lightly felt by the constituents. There is clear misappropriation of finances
by the politicians that run the government, and one of the effects of which
is creating an inefficient and ineffective justice system by not allotting
enough courts to hear cases, the constituents rights to a speedy trial is
prejudiced. Clogged dockets are a result of the selfish interests of
politicians. With corrupt politicians in the abuse of their office, also follow
corrupt judiciaries in pursuit of their own interests at the prejudice of
justice. Judicial Corruption It may involve bribes, theft of public funds or
property, favouritism for friends or family, political interference, criminal
extortion, or hierarchical pressures within the judiciary; whether petty or
grand in its magnitude (USAID, Reducing Corruption in the Judiciary). All
of which contribute to the delay of justice. Because of the ongoing
corruption in the government and judiciary, the Philippines has been
criticized by its own citizens for being the slowest judicial system in the
world. The question now stands on what needs to be done? The head of
the judiciary must implement stricter efforts in investigating and
punishing corrupt judges within the system; also including lawyers whom
by which willingly influence judges into corruption. Fristly, the justice
system must be maintained to stay independent and impartial, free from
undue influence from others that might affect how cases are decided.
Secondly, the judicial system must maintain its integrity of being an entity
or an organization that uphold professional ethics against corruption.
Thirdly, Judges must be kept accountable for erroneous decisions that
may fall as precedence to an corrupt system. And lastly, the judiciary
must stay transparent. Transparency ensures the constituents that the
system is free from undue influence brought about any forms f corruption
or even political influence.

John Jeric S. Lim

2. HOW EFFECTIVE ARE THE PHILIPPINE LAWS: DISASTER RISK

REDUCTION MANAGEMENT AND CLIMATE CHANGE LAWS
The existing laws and policies of the Disaster Risk Reduction and
Management are sufficient and adequate to prepare for future calamities
and prevent casualties and to act on currently occurring natural calamities
around the country. Though there is no jurisprudence to the contrary nor
supporting this claim, but a scan through the policies will reflect its
soundness. As proof of such claim in the absence of jurisprudence, UN
special envoy Margareta Wahlstrm said that the countrys laws on
climate change adaptation (CCA) and disaster risk reduction (DRR) are the
best in the world, (Philippine Daily Inquirer May 4, 2012, UN lauds
Philippines climate change laws worlds best). You do have now an
excellent legal framework for disaster risk reduction and an excellent legal
framework for climate adaptation. The basis is really for empowering local
governments, Wahlstrm said. The Philippines has been consistently
recognized for having outstanding laws, those of which protect the rights
of people, prosecute criminals, and other special laws such as the disaster
risk reduction and climate change laws. But on the other hand, the
Philippines is also criticized for its weak governance, meaning weak
implementation of laws. Superior laws with inferior implementation will
render such laws ineffective. The implementation, similar to other existing
laws, is what it missing in the laws and policies of both disaster risk
reduction and climate change laws. A concrete is example is Section 19
of the RA 10121 or the Philippine Disaster Risk Reduction and
Management Act; which enumerates the prohibited acts during a disaster.
One of which is paragraph (b) providing that Preventing the entry and
distribution of relief goods in disaster-stricken areas, including appropriate
technology, tools, equipment, accessories, disaster teams/experts;
violation of which shall be a fine of not less than Fifty thousand pesos
(Php50,000.00) or any amount not to exceed Five hundred thousand
pesos (php500,000.00) or imprisonment of not less than six (6) years and
one (1) day or more than twelve (12) years, or both. As a witness of the
Earthquake disaster in Bohol, an as an active participant in the
distribution of relief goods, I remember one instance when I heard a
controversy of which the Mayor of Maribojoc, one of the town in Bohol
majorly affected by the earthquake, barred the distribution of relief goods
unless it passed his approval; he barred large organizations including Red
Cross and the like. The law does not distinguish the basis of the
prevention of the distribution of goods, thus, the Mayor should have been
prejudiced by his acts, which resulted in the delay of the distribution of
goods. Here, there is an evident lack of implementation of the policies of
the disaster risk reduction and management laws that have been praised
by the United Nations. It is a waste for good laws to be enacted, but not to
be implemented. This is a problem within the governance of the
John Jeric S. Lim

Philippines, as proper implementation is missing. Imagine the Philippines

with superior laws and superior implementation, the country shall be one
with fewer crimes as everyone shall adhere strictly to the laws enacted.

3. HOW THE LEGAL SYSTEM FUELED THE PHILIPPINE ECONOMY

The biggest factor on the growth of the Philippine Economy is good
governance more than anything. I would like to think that President
Aquinos efforts in the fight against corruption have benefited the
economy, but the growth cannot be the result of one administration
alone. It is the result of years and years of economic management that
had lead to its increased growth this year, but nonetheless, President
Aquino had fuelled the Philippines economic growth faster than ever.
President Aquinos battle against corruption had not yet been proved
fruitful in the country, there being more accusations than there are actual
convictions of actual corrupt officers or politicians. Corruption is the abuse
of an office for personal gain; these selfish acts impede the growth of the
Philippines as a country, and not just focused on its economy. Though with
no one yet convicted against corruption, the Pork Barrel case and other
similar cases had proven effective in instilling fear to those corrupt
politicians still practicing their evil ways to think twice. This effect has
boosted the growth of the Philippines. According to an article by the
Heritage Foundation there are improvements in seven of the Philippines
economic freedoms, including significant gains in trade freedom,
investment freedom, and freedom from corruption (The Heritage
Foundation, 2014 Index of Economic Freedom). Indeed the fight against
corruption had been recognized worldwide as one of the factors on the
growth of the Philippine economy this year. Also according to the Heritage
Foundation, demonstrating a high degree of resilience, the Philippine
economy has recorded average annual growth of around 5 percent over
the past five years. The government has pursued a series of legislative
reforms to enhance the investment environment and incentivize broaderbased private-sector job growth. According to Maria Fe V. Mendoza in her
book Economic Reforms for Philippine Competitiveness, she cited several
reform proposals in 2010 some of which have contributed to the growth of
the Philippine Economy. Firstly, the proposed Fiscal Responsibility Bill,
promoting the financial transparency and management within the
different sectors of government to increase revenue and decrease
expenses; also clearly serves the purpose of fighting against corruption.
Second proposal, Excise Tax Reform on Tobacco and Alcohol Products,
aiming to increase excise tax on Tobacco and Alcohol products as an
added source of revenue. Third proposal, Simplified Net Income Taxation
Scheme (SNITS) for professionals and self-employed, aiming to decrease
the allowable deductions so as to prevent abuse of the system. Last

John Jeric S. Lim

proposal, Amendments to Tariff and Customs Code, which aims to prevent

to loss of billions of revenue due to smuggling of goods. These are the
types of reforms that improve the revenue of the Philippines and which
subsequently result to the increase in its economy. Reforms against
corruption advocating transparency within government sectors instil
confidence into new investors. Corruption scares away both future and
present investors. Collecting undue amount of taxes and fees from
corporations willing to invest on the Philippines is a hindrance to its
growth, as is it more likely to discourage and to prevent corporations from
even investing the Philippines. Now that the President has made it clear
that he is fighting against corruption, currently existing investors have
been expanding and several new investors have been putting their money
into the country. This is evident through the numerous high-rise buildings
being built in the business districts of the Philippines. In the case of the
Philippine economy, corruption is the root of all evil. Corruption is an
expense more than a revenue and does not promote any kind of growth
nor provide any type of benefit to the country. With the fight against
corruption steadily being implemented, the growth of the economy also
steadily growing. But with the new challenges facing the country every
day there is only one solution for the continuance of this steady growth,
and this is, according to Richard Javad Heydarian, to achieve sustainable
development, it will need a political administration, which is focused on
effective governance and the enhancement of the regulatory capacities
and developmental policies of the state (Richard Javad Heydarian, The
Philippines: The next Asian Tiger economy?). If the Philippines shall
succumb to a corrupt leader, the growth of the Philippines in the future is
not certain. Thought there is evident growth in the economy; poverty has
still to be overcome; thus, constant and steady growth of the economy is
needed, not for the next year but for the next 10-20 years to come. The
continued fight against corruption has sparked the growth of the
economy, and the growth of the economy shall spark the eradication of
poverty in the Philippines.

John Jeric S. Lim

A PRELIM PAPER
ON LEGAL
WRITING
By
JOHN JERIC S. LIM
John Jeric S. Lim