HUMAN RIGHTS WATCH

Lack of Justice Sickens the Poor
2 rights lawyers decry breakdown of law under Arroyo

“The poor should have a way to use the justice system for their benefit. The high price of pursuing justice makes the poor choose to evade it.” – FLAG lawyer Jose Manuel Diokno

By Jhong dela Cruz
Bulatlat

The relatives of 21-year-old Jonas “Chukoy” Nucum and his brother, Tonton, could only gnash their teeth in anger over their death. They couldn’t immediately bring to court the victims’ alleged killers and they don’t trust the prevailing justice system in the country.

Chukoy died instantly when his throat was slit-open with a knife by a gang member in the urban poor community of Bambang, Tondo on July 2. He was a member of the militant youth Anakbayan (nation’s youth) at the time of his death.

Family shock did not end with Chukoy’s killing. An ex-policeman fired a warning shot in a youth ramble that ensued after the killing. A bullet hit Tonton, 19-year-old brother of Chukoy, when he dashed to take his brother to the Jose Reyes Memorial Hospital. Tonton, also an active member of Anakbayan, also died.

Marietta Nucum, 42, the victims’ aunt, said in a Bulatlat interview, “Hindi kami umaasa na mabigyan ng katarungan yung mga bata” (We’re not hoping justice will be served in the brothers’ killing).

What adds to Marietta’s doubt that justice will be served for her nephews is that persons implicated in the killings are reportedly protected by an influential businessman in Tondo, home to several slum communities which, according to police reports, also remains crime-infested.

In the killings of Chukoy and Tonton, it took their kin a month before they could file formal complaints against the suspects on August 2.

Wenceslao Nucum, father of the victims, said they had filed criminal charges against one Noli also known as (a.k.a.) “Buddha” and Paul Vinirao, for two counts of murder.

Homicide

Nucum said the Bambang police station tried to reduce the charges to homicide. He opposed this, he said, insisting that the accounts of the killing clearly spelled murder. “We’re awaiting subpoena to be issued against the suspects,” he said in Filipino.

Murder suspect Vinirao used to be active with the Philippine Constabulary (PC), now the Philippine National Police (PNP). At the height of youth activism during martial law, he was reportedly involved in the arrests and disappearances of organizers of people’s organizations in Tindalo, Tondo.

Vinirao is now a “right hand” of a former PC man who now runs a chain of medical supply shops in Ermita, Manila. Noli, Chukoy’s alleged killer, also works for the shop owner. The suspects’ link to the businessman, who is apparently influential in Tondo, might elude them from being prosecuted, Nucum said.

“Areglo” has also come into play in the victims’ case. “Areglo” is an extra-legal deal that involves money aimed at silencing a victim or his relatives.

“They tried to bribe us with money,” Nucum said, declining to state an amount. Also, the other party has lobbied with village officials, particularly the chairman, to settle the case through “areglo” to which Chairman Ben Fernando refused. Tonton was serving as baranggay tanod (village security) at the time of his death.

The Nucum brothers’ killings happened amid the spate of politically-motivated murders that, to date, have claimed 725 lives across the country. Among those killed were leaders and members from Anakbayan, League of Filipino Students and other youth-student organizations.

Military

Although the military is widely believed to be behind the killings, not one suspect has been arrested and complaints against many suspects have not been pursued by law enforcement and justice authorities. Like many of the victim’s relatives, those of the Nucum brothers are pessimistic about the outcome of the two cases.

Two prominent human rights lawyers tend to share this public sentiment. Lawyer Manuel Jose Diokno, chair of Free Legal Assistance Group (FLAG), laments that no change has taken place in the judicial system especially since 2001 when President Gloria Macapagal-Arroyo was installed into office.

Diokno told Bulatlat that the widening economic gap between the rich and poor is tied to how the land’s judicial system upholds the poor’s rights. In pursuit of justice, the poor are pushed to the edge, even choosing to get justice in their own hands, Diokno said in an interview.

“Wala kaming nakikitang pagbabago sa hustisya natin sa bansa mula nang maluklok sa puwesto si Arroyo” (We don’t see any change in the country’s justice since Arroyo came into power), he said. The bias of the law for those who could pay and against those who cannot has not changed, he said.

Another lawyer, Neri Colmenares of the Counsels for the Defense of Civil Liberties (CODAL) said the institutions that are supposed to uphold the integrity of justice have been eroded by the personal favors of the administration.

“The role of the judiciary, the prosecution and the investigation do not function well to provide justice for the poor,” he said in a phone interview. “Normally, our justice system does not work for the poor, but now it has worsened because it has been used against perceived enemies of the government,” he added.

Accessibility

Diokno said that the first step toward reform in the justice system is to make it accessible to the poor.

“The poor should have a way to use the justice system for their benefit,” he said. “The high price of pursuing justice makes the poor choose to evade it.”

Many poor people languish in jail simply because they are poor, Colmenares maintained. “They cannot afford the service of lawyers,” he said.

Processes and proceedings in a criminal or civil case that normally takes three years upon filing entail huge amount of money.

According to the CODAL lawyer, acceptance fee for hiring private lawyers is pegged at P30,000, with lawyer’s fee ranging P2,000-P3,000 for every hearing. The court conducts at least six to 10 hearings for a case a year.

Investigation and basic evidence gathering would cost a complainant P20,000-P30,000, as well as court fees, which include payments for transcript and docket fee.

The complainant would pay up the same amount if the defendant files an appeal after conviction.

In attending to the court’s hearings, and in keeping the witnesses, an aggrieved party would also need some P20,000-P30,000.

Pro bono legal assistance provided by “overworked but underpaid” fiscals from the Public Attorneys Office, also comes at a price. Although they are prohibited from collecting fees, some public counsels ask for payment between P5,000-P10,000.

Money talks

But being poor should not be a factor to prove acquittal or guilt, said Colmenares. Long-time imprisonment on grounds of being unable to afford an attorney is itself injustice, he said.

In the remaining three-and-a-half years of Arroyo, rights lawyers foresee the judicial system would deteriorate.

“Kung walang pagbabago sa paglilitis ng kaso dito, lalo lang lalala ang sitwasyon natin…kung sira ang legal system wala na tayong mapupuntahan. Ganun ang nakikita naming direksyon sa ilalim ni Arroyo,” said Diokno. The FLAG chair handles the case of the Tagaytay 5, who were detained on suspicion of being involved in a recent coup plot. Bulatlat

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