I recall the story when due process was not yet corrupted that Justice Isagani A. Cruz learned from someone whom he did not name, writing it in his award-winning Constitutional Law. That story was from the beginning, from Genesis, to be exact. Location: Garden of Eden. God asked, “Where are you, Adam?” (Nasaan ka, Adan?) That was a notice. His next question was, “Have you eaten from the tree that I commanded you not to eat from? (Hindi ninyo ba kinain ang ipinagbabawal na bunga?) That was a chance to be heard.
Man can corrupt due process and escape that corruption, but it is pretty obvious before the eyes of the Eternal Judge. He allows it as He gives man free will. The point raised by the late Justice Cruz is that even God observes due process.
I disclose that I am not a lawyer. But having taught politics and governance with the Philippine Constitution, economics, general ethics, and communication media ethics and law, I admire the judicial philosophy of some judges, justices, and chief justices. Every time I read their ponencias and dissenting opinions, my faith in the justice system is improved. This despite my belief that justice delayed is justice denied and delayed further in Philippine courts. But overall, I see improvements in the Judicial Department in terms of my trust in it. The 23% trust rating of Supreme Court Chief Justice Alexander Gesmundo is high, and I hope and pray that it will be higher soon thanks to: his prodding that SC officials must remain accountable while performing their sworn duties; his public information office’s active but prudent use of social media platforms; and the Strategic Plan for Judicial Innovations 2022-2027.
Not that I love the Executive and Legislative Departments less, but that I love the Judiciary more. Why? Walang halong pulitika. These officers of the court (and of the bench) are almost always not indebted to anyone (but thankfully beholden to the 1987 Constitution), writing court decisions by purely using law and evidence.
My goal in this week’s column is to convey a reminder of how important everybody’s roles are in submitting to the interests of justice, instead of denying those interests, and in observing the due process of law, rather than corrupting it.
I first submit there are bobotantes (for lack of a better term) and – guess what? – corrupt voters. That justice works while political corruption (by candidates in elective offices and voters) also works is so unfortunate. We need to institute election reforms, with government and the private sector working closely so that voter education will truly be developed and maintained, no matter how complex it may be to the Filipino voter.
It is hard to imagine that at least three of the 24 senators have prioritized their friendships with the most wanted Apollo Quiboloy over public trust. The three said they still don’t want to believe their friend can commit crimes (as charged before and with arrest warrants later) kasi “mabait si pastor.”
How about the admitted student status at public university? It must be considered a property right that cannot be taken without due process of law. It must be treated almost the same as any private university. (G.R. No. L-68288, July 11, 1986)
Writing for a broadsheet about protocols of due process before firing employees, a lawyer observes: “The problem with some employers in this country is that they don’t respect labor law, especially the need to comply with due process. They want to fire people on the spot and they want it done yesterday. They are always prone to cut corners, disregarding the stringent procedural requirements of due process, and then they blame the HR and the lawyers if they lose their cases… This isn’t America where capitalists are supreme. Up there, the boss would just say: ‘You’re fired’ and forthwith you need to pack up and you will be escorted by guards to the elevator or the gate. Here, due process can take months because our laws are so protective of the security of tenure. Enshrined in our Constitution is the right to job security because the socio-economic realities in this country are such that companies need to be compelled by law to retain people even against the will of the company owners.” (Jimenez 2023)
Does your employer, organization, or court hear before it condemns, proceed upon inquiry, and render judgment only after legal and ethical proceedings? Kahit wag nang substantive kundi iyan na lang procedural due process. Huwag paloko.
Knowledge – legal ones included – is power, the late Ernie Baron would always tell Filipino radio listeners, replicating Sir Francis Bacon. As for Robin Morgan: “Knowledge is power. Information is power. The secreting or hoarding of knowledge or information may be an act of tyranny camouflaged as humility.”
Kofi Annan says it best: “Knowledge is power. Information is liberating. Education is the premise of progress, in every society, in every family.” So we can be transformative with all this. All this with action. God keeps on offering us power, no less.
Happy Labor Day in advance! To all hard-working, resilient citizens, especially the senior citizens here and abroad, mabuhay!
DC Alviar
Professor DC Alviar serves as a member of the steering committee of the Philippine International Studies Organization (PHISO). He was part of National University’s community extension project that imparted the five disciplines of a learning organization (Senge, 1990) to communities in a local government unit. He writes and edits local reports for Mega Scene. He graduated with a master’s degree in development communication from the University of the Philippines Open University in Los Baños. He recently defended a dissertation proposal for his doctorate degree in communication at the same graduate school under a Philippine government scholarship grant. He was editor-in-chief of his high school paper Ang Ugat and the Adamson News.
