Injustice through ignorance

The people’s thirst for justice is more intense than their hunger for food. To them, the physical pains of an empty stomach is more bearable than the mental anguish of getting a raw deal, of feeling deprived of what is due them in a society under the rule of law.

Many are the reasons why justice seems to be elusive to a great number of people in our country. But there is one very important reason that has been glossed over. This is the lack of proper and adequate information about the laws of the land and the workings of our justice system. It affects mostly those "who have less in law", those who have not received the kind of education adequate enough for them to understand the substantive and procedural laws that serve as the vehicle for the delivery of justice. Their illiteracy most of the time leads them to believe that they have been victims of injustice and to perceive that justice has eluded them when it has really not.

It is common knowledge that all our laws are crafted in English, a language not within the steady grasp of the common tao. It cannot likewise be denied that the proceedings in court involving all cases are conducted in English. While there are testimonies given in the local dialect, they are nevertheless interpreted and translated into English as they are transcribed in the stenographic notes of the courts. Sometimes, the real meaning is lost in translation, thus varying the gist of the testimonies. Then the decisions of the courts are also written in English. If the parties involved in these cases are the illiterate masa, they surely will not be able to properly appreciate and understand the whys and the wherefores of their cases, especially if the outcome is unfavorable to them. Sometimes their lawyers also fall short of fully explaining to them what happened to their cases, or even stoke the fires of resentment by themselves crying "injustice" everytime a case is lost. These are the most common circumstances causing the uneducated litigants to conclude or to perceive that justice has not been rendered them although, if they were properly and adequately informed, they will easily see the justness and correctness of the outcome even if adverse to them. That they have been victims of injustice is merely based on their erroneous belief or perception which could have been avoided if they just have a working knowledge of the substantive laws and procedural rules which are part and parcel of our justice system.

There is undeniably a communication gap between the bench and the bar on the one hand and the great majority of the poor and illiterate on the other hand. Bridging this gap is one of the crying needs of the times. Fortunately, the Supreme Court recognizes this need when it adopted a few years back several projects to enhance the communication between the judiciary and the people. But a more significant step perhaps is to change the official language of our judicial proceedings into our sariling wika. Feasibility studies should be made towards this direction. Pilot projects may be adopted in the lowest level of our judiciary, the municipal trial courts especially in the far flung areas where most of our poor and uneducated litigants come from.

A big first step towards this direction is the translation of various laws and rules of procedures into Filipino, the official national language. Unknown to many, a retired but indefatigable judge of the Regional Trial Court and former member of the Judicial and Bar Council, Judge Cezar C. Peralejo, has pioneered in this move. Many years back, he has already translated the Civil Code of the Philippines. This "Kodigo Sibil" has been reproduced in the Ipaglaban Mo Komiks, a publication also designed to bring the law closer to the people. Aside for the Civil Code, Judge Peralejo has also come up with the English-Filipino Legal Dictionary. On August 18, 2004 at 4:00 pm at the Pulungang Recto, Bulwagang Rizal, there will be a book-launching of these two very useful publications that will definitely enhance the communication between the judiciary and the people so as to erase their wrong perception that injustices have been done to them.

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