Jury System as Barangay Justice System Enabled!

Elsa Bayani's post caught my attention, especially Tarzan in G-strings. I had expressed doubts before regarding the efficacy of the Jury system in the Philippines, mainly because of the jury pool and my contention is, why not just reform what we have for now, it will be cheaper. Yes, the present justice system has been tainted so much that justice seems to be for only the well informed and the crooks with money. Does it go all the way down to the Barangay system?

Let me just recount a real story from a close friend of mine who goes to her native island in the Visayas (for anonymity), every year staying in the Philippines for 3 months at a time. she is well versed in what is going on in the Philippines, politically and the day to day living in her island, knowing the governor, the mayors in the area. Her niece was urged to run for the Barangay Captain, she expressed ambivalence to my friend about her feelings, so my friend did not pursue the matter deeply. As election time came near, a friend informed her niece that she will lose by 17 votes. How does one know this figures, simple, votes have a price, the other candidate is spending enough to buy 17 more votes. Downtrodden, her niece told her the situation. My friend told her, look, I can easily give you the money to pay for those votes but would you like me to? If they voted for you, only because of the money, then they are not your friends nor like you to be the Barangay Captain. Her niece acquiesced to the explanation. True enough, she lost by 17 votes and upon hearing the results she cried, saying even though she was not dead set on being Barangay Captain, she was upset that her cousin and friends voted against her because of the money. My friend could only console her that one of the duties of the Barangay Captain was to secure the coffin for the dead and bring it to the house, and her niece didn't want that, having accompanied the former Barangay Captain on that mission before. I imagine that a lot of the Barangays have the same problems as this.

Now, let us see, the Barangay Jury System. Are we confident that the jury vote is any different than the votes for the Barangay Elections? In proposing to junk the present judiciary system, aren't we just changing the palms that are greased from one to 9 or 12? On the other hand, the moneyman might think twice if he has that many hands to grease, unless of course, if all he needs is one dissenting vote for a case requiring a unanimous verdict. Am I making it more complicated than how it is, well don't pay attention, I'm only a representative of NATO (No Action Talk Only)

..hmm, Tarzan in G-strings? Jane could be so blessed.

HMC

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From: Elsa Bayani <elsabayani2003@yahoo.com>

......Senator Nene Pimentel advises us to strengthen the Barangay Judicial Processes .. Everytime I get myself the chance to read Marlowe's JURY SYSTEM, comes to my mind TARZAN (Marlowe) clothed only in his scanty, what compares to the Igorot's G-string, swinging from tree to tree landing on treetops as he explores the jungle (Philippines) of crooks and corrupts, crocodiles and water snakes (plunderers and looters) lurking in the murky waters (Philippine politics) in the untrodden paths of the wild.. Marlowe, here's for you ... join Our Barangay Inc. where you start your Jury System!!! Connect the barangays to the internet.... or do other things to help the barangays get informed about what is going on in this jungle of manipulations and decadence. I was reading excerpt of a meeting at IMF and World Bank way back held in year 2000 where an international investigator tasked with Asset Recovery of Stolen Wealth of Nations, summed up his as: NATIONS WHOSE WEALTH WERE STOLEN BY THEIR LEADERS, DICTATORS, PLUNDERERS, AND DESPOTS, THOSE IN POSITIONS OF POWER WERE ENABLED BY BANKS THAT HIDE STOLEN WEALTH GIVING THEM ACCOUNT NAMES IN GUISE OF CORPORATIONS, ETC. SAID.. .. THESE PEOPLE IN THEIR COUNTRIES ARE IMPOVERISHED BY THEIR GOVERNMENTS BUT GIVE THEM A CHANCE AND THEY WILL DO WONDERS!!! Names of countries - NIGERIA, KENYA, SOUTH AFRICA, HAITI (DUVALIER), PHILIPPINES (MARCOS) PAKISTAN (BHUTTO), INDIA (SONIA GANDHI), LIBYA (GHADDAFFI), ETC. - their countries" wealth were hidden in secret bank accounts. Only 2 countries won the return of their wealth stolen but all the rest were and still are in legal wranglings that are taking years to prosecute in order to be recovered. The international investigator also concluded that the G-8 countries have dismally failed through the World Bank and IMF to alleviate poverty in these countries. He, however, believed that the G-8 COUNTRIES HAVE BEEN SUCCESSFUL IN THESE POOR NATIONS BY PROVIDING THEM THE INFRASTRUCTURE WHICH IS THE SINGLE ONE TOOL THAT COULD ALLEVIATE THEM FROM POVERTY - THE INTERNET!!! He reports that as he spoke at that meeting, many women in Kenya have become who were illiterates before have become millionaires!!! How true, don't ask me. In Rwanda, my good friend, Dale Dawson and his wife who are from Little Rock, Arkansas are board directors of the Bank of Rwanda and are very successful in getting the residents to save from livelihood income borrow money from the bank backed by their savings accounts. My friend is in touch with me recently narrating the success that their work has achieved. For one thing, many voting citizens are not officially logged into a system run by government agencies making it difficult to trace people's origins, whereabouts,background, even health conditions and other circumstances to qualify to serve if there is a Jury System being advocated by Marlowe. To serve in the Jury System of the U.S., one has to provide a means of identification - primarily the SSS number and all else (information) can be started from there. Millions don't even have birth certificates or registered in their home register of deeds. Many have faked their birth records for various reasons, names changed, and parents identification faked. There is a LATE BIRTH REGISTRATION that anyone can apply for to suit their purpose, anyone can witness falsely, anyone can submit anytime and get a LATE REGISTRATION BIRTH RECORD!!! Now this for you, Marlowe: Philippine's barangay justice system For purposes of legal research of the visitors of this blog, digested below are the main recommendations contained in the “STUDY ON THE EFFICACY AND EFFICIENCY OF THE BARANGAY JUSTICE SYSTEM (KATARUNGANG PAMBARANGAY): FINAL REPORT” funded by the GERRY ROXAS FOUNDATION, released in March 2000, for the benefit of the Action Program for Judicial Reform of the Philippine Supreme Court, thus: X x x. 7.0 Recommendations to Improve the BJS Implementaion 7.1 Training Based on an assesment of training needs several training programs were recommended by the Lupon Chairman, Lupon Members, and Lupon Secretary respondents: (a) Procedures of settlement of barangay cases (b) Mediation/Conciliation/Arbitration procedures (c) KP Laws (d) Administrative requirements of the KP Law (e) Current updates of human right violation (f) Classification of cases (g) Procedure in organizing LT/Duties and Function of Lupon Chairman/Member/Secretary. Other training areas outside of KP system were also identified by the implementors. A number of respondents put high priority on Barangay Administration & Governance. Additional training identified by the implementors based on their needs are: (a) Operations and Management - (b) Rental Law (c) Public Administration (d) Human Relations (e) Children’s Rights (f) Gender/Women’s Rights (g) New Family Code X x x. 7.2 Monitoring Strengthening of the KP Monitoring System was also identified as a priority area by implementors. Among the recommendations described to improve the monitoring system include: Funding support for KP Operations, designing a simplified form for reporting and strengthening of the KP Monitoring Unit. 7.3 Other Recommendations to Improve Overall Implementation of BJS A major recommendation is to enhance advocacy activities on the KP and intensify information dissemination specially in the barangays. Another significant activity suggested by 22% of Barangay Chairman respondent is to require new law graduates to render assistance to the Barangay. Twenty (20) percent of Lupon Member respondents also recommend the provision of allowance to LT Members. X x x. PART III CONCLUSION AND RECOMMENDATIONS Metro Manila is a melting pot of the different cultures and traditions of the various migrants that have poured into the area. Little wonder that the NCR research findings generally echo the findings elsewhere in the Philippines. Thus, in the areas where the BJS is functioning, the citizens look to it as their “court”, their avenue for their quest for justice in case of conflicts. This attests to the success, though not on a scale as envisioned, of the BJS to assist the judiciary in declogging court dockets. a. Need for more information. Significant is the need for information, by both the beneficiaries and the implementors, on the KP Law itself. The need notwithstanding, it is evident that barangay residents see the BJS as the venue for the settlement/resolution of conflicts, even before they even think of going to the formal judicial system for redress. The awareness that an avenue is available for conflict resolution stems not so much from knowledge of the law — both procedural and substantive, as from practical awareness of what is going in the barangay. The historical root of the KP law finds itself alive today in the sense that the citizens feel part of a community, the barangay, that will help them settle conflicts through its chief or barangay captain. The citizens are not only beneficiaries but also participants in the process of seeking justice, through the Lupon. Although the essence of settlement on the barangay level does away with the merits of the conflict, inevitably though, by the very nature of a conflict, the parties agree with a settlement only after they have been made aware and appraised of their rights and obligations as well as the breaches that led to the conflict. After all, justice, which to them is giving one what is due him, is anchored on the respect for one’s rights. This belief rationalizes the need for information of the both substantive and procedural law — to equip the barangay captains and theLupon members on the basics of the law. In effect the barangay captain and/or the Lupon take on the complexion of a “parajudge”. b. Lack of budgetary support Mercenary as it sounds, considering that the heart of the BJS is the encouragement of citizen volunteerism, money plays a significant role in the determination of whether or not the BJS has succeeded or will succeed. Section 393 of the Local Government Code (1991) provides thatLupon members be compensated in accordance with a municipal or barangay ordinance Thus, while the barangay has the power and authority to provide financial support to the BJS, it does not. c. The citizens support the BJS because it is accessible, conflicts are resolved/settled fast, and inexpensive. Whatever support is given by the citizen is essentially moral. He avails himself of the BJS; a tribute to the avowed purpose which the citizen trusts is fulfilled. Basically, the citizen goes to the BJS for conflict resolution because it is accessible, physical proximity is thus not to be underestimated. Compared to case resolution in the courts, which take a short year or a long twenty years, BJS conflict resolution takes a maximum of one month. Just as important is the expense involved. Barangays charge a minimum of P20.00 (if at all) though they are authorized to legislate a higher amount, i.e. P50.00. Nonetheless, compared to what the courts charge, the amount is very small, thus affordable to those who need more in law — the disadvantaged. d. Need to review the KP Law d.1. The Lupon and the Pangkat In an informal interview, it was found that one of the more successful barangays, insofar as the implementation of the BJS was concerned, adopted procedures that suited their perceived needs that did not conform with the provisions of law. The Lupon, made up of 20 members, were divided into 6 groups of three each, with 2 members as “roving”. When a complaint is filed, the barangay captain “raffles” it any one of the six “divisions” of the Lupon, which then proceeds to settle/resolve the case. The “division”, apparently the Pangkat is not constituted with the participation of the disputants. This barangay claims to have a high success rate. It is suggested that a case study be conducted on this barangay to determine the effectivity of the method used. The results would provide information and inputs to whether or not the KP law should be amended and if so, with regards what provisions. e. The court dockets are declogged. The findings confirm the reports submitted to the DILG regarding the number of cases that do not find their way to the courts. The court dockets are declogged. The findings confirm the reports submitted to the DILG regarding the number of cases that do not find their way to the courts. Posted by Philippine Laws and Cases - Atty. Manuel J. Laserna Jr. at 1:12 PM