Basic Cause of
By Atty. Marlowe Camello
One of our intelligent critics, Mr. Lauro Purcil, about the adoption of the jury systems, offered the following comment:
"Corruption, as stated in several research studies I read is merely a symptom of a greater defect. That defect is both identified as superiority and inferiority complexes of men and women."
This writer agrees. Unless we first look for the basic cause of government graft and corruption, there is no way we shall be able to find its fundamental solution. Senate investigations are not the solution. It is all brohahas for nothing.
Corruption is not the basic cause that bewitch Philippine society and it is true that it is only a symptom of an underlying fundamental cause. JUSTICE DELAY, which is no justice at all, is the ROOT CAUSE of Government Corruption. By the time the DOJ has caught up with powerful crime offenders, the crime offenders have already fattened their bank accounts, their wallets, and their "stomach," literally and the eyewitnesses against them are already dead, kidnapped, or murdered (like in the Philip Pestanio case), or has suffered Alzheimer's disease or have left to reside in other countries.
The real cause behind corruption is absence of a "respectable justice system". Philippine justice is not credible, and most of the Filipino people are losing respect for it, because it can not enforce the rule of law against prominent characters and powerful corrupt government officials. Philippine justice is "POLITICALLY ADULTERATED" which means that it is more dominated by politicians who consider themselves the superior elites of society at the expense of the rights of the common people.
The required solution to government graft and corruption, is therefore JUSTICE REFORM.
Unfortunately, these so-called elites of society led us to believe that the common people are intellectually inferior because they, the common people, have inferior education so much so that politicians think they are the so-called "guiding light" of the people WHICH IS NOT TRUE. Why?
Because they, the politicians, are the most notorious abusers of the law where they feel they can simply steal the bounty of the people and cannot be made accountable for their wrongful acts, "thanks" to the Philippine justice system that they can control at will.
The solution, therefore, to the above is to ACTIVATE the sovereign power of the people that has been enshrined in Article II, Section 1, of the constitution which says: "Sovereignty resides in the people and all government authority emanates from them." The politicians in the high places of government have never recognized this people's sovereign power and authority, except only during election time for their personal embellishments.
Therefore, in order to force powerful political public officials, including the President, to recognize the people's power and authority, the people must be given their sovereign deciding voice in justice and keep away the deciding power of justice in the hands of solo judges and solo prosecutors in serious criminal cases. The only way to accomplish this is through the creation of the Grand Jury and Trial Jury Systems.
If we continue to operate the Philippine Justice system the old fashion way, all criminal cases being filed today against prominent and powerful abusive public officials could easily take 5 to 10 years to try and by that time, witnesses against them could already have been dead, kidnapped, or salvaged or have left the country. In the end, most of those cases will simply be dismissed for lack of first hand witnesses to testify at their trials.
The common people must have a deciding voice in the investigatory and accusation phase of justice to indict in court any abusive powerful political official through the Grand Jury and, additionally, they must also have an adjudicatory deciding voice to try and convict guilty (or acquit innocent) criminal defendants in court.
The common people cannot be scared to decide in justice because they are not under the payroll of the government which means that their livelihood and employment with their private employers cannot be sabotaged by any "agent" or official of the government.
In reference to the perceived "inferiority complex" of the common people, this can be removed psychologically from their minds when they are already seated as a jury and have received their jury instruction from the presiding judge. The jury empowering instruction by the judge is as follows:
"Pursuant to the people's sovereign power and authority in Article II, Section 1, of the Philippine Constitution, of which you have been randomly chosen from and recognized to represent, you are being seated in this court room as a jury to do a solemn duty to serve justice for the people of our community. We welcome and thank you for waiting patiently and for your eagerness to serve in this jury."
Not only will the jury instruction of the judge serve as empowerment of the common ordinary people who serve in the jury, they are likewise greatly encouraged and motivated to exercise their super status in society because they are hearing it directly from a proper authority which is a judge whom they respect and recognize officially as their guide and supervisor in performing their jury duty.
In other words, the people sitting as jurors shall become confident without fear that they are, in fact, in the right place to perform their job because it is no less than a judge who is giving them their power to decide in justice. Their feeling of inferiority or insecurity will then be automatically transformed into a feeling of superiority or authority.
Below is one of those instruction that the jurors will hear from the presiding judge:
"(25) You must consider the accused your co-equal or a common person. You must not give any special importance or significance to the fact that [the accused] [any party] may be, or is claiming to be, a person with great fame, or title of nobility, or for being a datu, bai, sultan or sultana, or wealth, or high rank or title or position or power in any government or government instrumentality in our society or a relative or close friend of such person. While being seated as a juror in this matter, your authority to decide justice in this case is more superior than any person or public official in our society. Keep this in mind at all times until you finally decide this case."
To entirely learn about the proposed Jury Systems Law, please read the links at the navigation bar on the left upper margin of this page. The topics there would be a good source of information when preparing for a debate about the proposed jury systems law.