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
