The highest form of injustice

The case of Joanne Urbina is perhaps one of the worst examples of injustice that can happen in this day and age especially with the technological advances made over the past decade. That somebody could actually be detained for over five years because a prosecutor misplaced the file, with an accused not knowing the charges, is totally unacceptable. Truly, “Justice delayed is justice denied” — something that continues to happen in a country that is supposed to be intense about human rights.

In a developing country like the Philippines, justice can be delayed for so many reasons. It can be because of politics; money changing hands; or as some cynics say, someone simply could not afford to get a “good” lawyer who knows the judge. But for an injustice to take place due to negligence is absolutely unforgivable. Imagine — wasting five years of your life languishing in prison just because someone “mishandled” your case folder and “inadvertently” mixed it with resolved and finalized cases. Or in short, somebody just plain forgot.

The Court of Appeals’ decision releasing Urbina is only fair, but at the same time a grim reminder that our justice system badly needs reform and a complete overhaul. But, importantly, too — that files be computerized. To be fair, a lot of projects have been initiated to literally make the wheels of justice move faster, like the “Justice on Wheels” program and the small claims court – all of which have helped resolve minor and “mediatable” cases.

However, it’s been a slow turn, with the courts still very much congested — over one million cases yearly according to the National Statistical Coordination Board. The sad reality is that access to justice is still very difficult especially for the poorer sector of society. It can take many years before disputes are resolved and any kind of justice is attained. As Supreme Court Associate Justice Martin Villarama noted, Filipinos are afflicted with a “culture of delay” — with the Judiciary being no exception.

One must admit the Aquino administration has made judicial reforms a priority with its “daang matuwid” mantra, and we are pleased to see President Noy having a firm stand on this. A few months ago, the President signed statutes creating new court branches to make justice more accessible to the poor, taking it upon himself to ensure that reforms in the justice system would take place. Noynoy Aquino himself has admitted on many occasions that his family was very much a victim of injustice. It’s obviously clear that he is passionate about reforms in the judiciary, appointing justices to the Supreme Court who have no perceived “ninongs.”

But perhaps the highest form of injustice that can happen (and if proven) is the latest scandal involving diplomatic officials and labor attachés who are reportedly exploiting distressed Filipina overseas workers, many of them running away from abusive employers who insult, beat, starve and yes, even rape them.

To shame and denigrate these women by forcing them into sex — taking advantage of their plight and their hapless state — is an evil worse than rape. These women had hoped to find help and deliverance from the danger that faces them, but instead, they find the worst kind of malevolence staring them in the face. If guilty, these officials should be made to suffer the full force of the law.

Last week I had lunch with New Zealand Ambassador Reuben Levermore and he asked me how Filipinos feel about the issue on China. I told him Filipinos have a very long patience, keeping the grief or anger that burns in their hearts. But when slapped or insulted and pushed to the wall — the Filipino is willing to die to protect his honor and save face. Filipinos are known to take in a lot of suffering and can endure a lot of pain, but they will fiercely fight back when treated with injustice — like what many of us are beginning to feel about the way China is treating us today. We are however pleased to read about top US diplomat for East Asia Danny Russel delivering pointed comments directed at China that there’s no place for “coercion and bullying” in the region’s seas.

Nevertheless, we hope it will not happen but if the day comes when Filipinos feel they are being put to shame and pushed against the wall, they would rather fight than do nothing at all. In Tagalog we say, “Lalaban hanggang sa kamatayan” — fight till the end. Perhaps this is what our forefathers went through after 300 years under Spanish rule. Our National Hero Jose Rizal was executed for writing about the injustices happening in the Philippines — sparking the revolution in 1896. The same thing happened in 1983 when Ninoy Aquino was assassinated, which sparked the first People Power in 1986. Even with their remarkable capacity to endure pain and suffering, many times in silence, the time will eventually come when Filipinos can only take so much.

History will bear us out  — Filipinos can rise up in arms once again if injustice is perpetuated. I will never forget that refrain from an elocution piece written by Raul Manglapus, “Land of Bondage, Land of the Free” — which we were made to memorize by heart as students of the Ateneo: “Build a wall around your home. Build it high! Build it strong! Place a guard on every corner of your house. For one day I, who have been silent for 300 years will come to you in the night while you are feasting, with my cry and bolo at your door. And may God have mercy on your soul!”  

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