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THE
use of the English language in court proceedings and the
exorbitant litigation fees were among the issues raised
by leaders of various sectors at the start of the
two-day forum on improving access to justice by the
poor, sponsored by the Supreme Court.
Speaking at the opening of the “Forum on Increasing
Access to Justice” at the Court of Appeals (CA) building
in Manila, Chief Justice Reynato Puno admitted that
access to justice appears to be tilted against the poor.
He
cited the people’s lack of knowledge of their rights
under the law, lack of resources to fight for their
rights, exorbitant cost of justice, lack of ineffective
legal representation, delays in the dispensation of
justice, complex and incomprehensible legal procedure,
antipoor laws, judges who decide cases without
considering their social context, as among the factors
hampering such access.
“Poverty is not only a persistent problem in our
country but one that is threatening to be overwhelming,
for sadly, in the world of the poor, the Filipinos
appear to be overrepresented. Perhaps, this is the
reason why, efforts to protect the rights of the many
who are poor, against the arrogance of the strong who
are few, are oftentimes met with a brick wall of
skepticism,” he said.
Representatives of farmers, peasants, fisherfolk,
children, women, migrant workers, urban poor, Moro
communities, labor, informal sector, groups working on
the environment, indigenous people, persons with
disabilities, and senior citizens also raised their
respective issues of access to justice as well as their
recommendations during the forum.
The
peasant sector representative, Rene Penas, complained
that access to justice is being hampered by the issuance
of injunctions and temporary restraining orders by the
courts against agrarian reform implementation; limited
knowledge and competency of some members of the bench,
legal profession and other stakeholders on laws
pertaining to the agrarian reform program; high cost of
litigation expenses and the use of the English language
and discriminating court proceedings.
Puno,
however, said the judiciary is now assessing the
viability of using Filipino in court proceedings,
considering its positive result in Bulacan where it was
pilot-tested.
“You
know we are trying to pilot the use, for instance, of
Tagalog in Bulacan and the result is very positive. And
some sectors are trying to push this idea, not only in
Bulacan but in Tagalog-speaking provinces like Cavite,
Batangas, Nueva Ecija and the others. But we are still
refining this thrust. We are calling on other experts to
see how viable this would be,” Puno said.
The
pilot-test in Bulacan courts was successful in the sense
that the litigants understood better what was happening
in the courtroom, as well what rights are being
litigated by the lawyers and are being resolved by the
judges, Puno explained.
He,
however, noted that the use of Filipino might pose some
difficulties to some justices and judges who are more
adept in English.
For
the labor sector, the secretary general of the National
Union of Workers in the Hotel, Restaurant and Allied
Industries, Daniel Edralin, complained that the
constitutional rights of workers are continuously being
violated through the contractualization and asualization
policy of employers.
Such
policy, according to Edralin, has rendered meaningless
the law on security of tenure.
Other
access-to-justice issues raised by the labor sector were
a complicated labor-dispute-resolution system, excessive
levels of appeal and excessive litigation fees.
Edralin said the judiciary should find ways to expedite
the resolution of labor cases and strictly implement the
prescribed period within which to resolve them.
Meanwhile, lawyer Laisa Masuhud Alamia, who represented
the Moro communities, said the automatic transfer of
cases involving suspected Abu Sayyaf bandits and Moro
Islamic Liberation Front (MILF) rebels is hampering the
poor Muslims’ access to justice.
“The
Philippines has all the resources to litigate in
Mindanao. The accused do not have the financial capacity
to defend themselves in Metro Manila and their lawyers
can’t go with the detainees anymore,” Alamia said.
Mindanao court systems are not working or functional due
to the limited number of Shari’ah courts, lack of
judges, government lawyers and fiscals, she added.
Alamia
asked the Court to scrap the rule on automatic transfer
of ASG and MILF cases to Manila and to promote the
sensitization of judges and prosecutors about Moro
issues—to address prejudice against Moro detainees.
Puno,
however, clarified that there is no policy ordering the
automatic transfer of ASG and MILF detainees in Metro
Manila.
He
said before the transfer is ordered by the SC, it would
usually ask the parties for comments and on the basis of
such comments, the court determines the best venue for
the trial.
The
issue on the lack of Shari’ah courts and the funding of
necessary personnel, he said, should be addressed by the
Congress.
Furthermore, Puno noted that to address the problem on
access to justice, the SC along with the Department of
Social Welfare and Development (DSWD), the Department of
Interior and Local Government (DILG), the Department of
Justice (DOJ), and the Alternative Law Groups, Inc.
(ALG), are now implementing the Access to Justice for
the Poor Project in 36 municipalities of the poorest
provinces of the country.
The
project is a joint venture of the Philippine government
and the European Union, aimed at strengthening the
capabilities of the poor, particularly women and
children, to pursue justice through increased knowledge
about their legal rights and the judicial system. |
