Indeed, there is "Money In Postponement" of hearing cases of the accused which translates to the culture of the court.
NOTE: This the last of two parts. The first one is available here.
If judges become lenient, and allow postponements as "professional courtesy" to the companyeros and companyeras making money, a "culture of leniency" emerges where prosecutors and defense lawyers use all the legal gobbledygook available in the rules of criminal procedures to request for postponements and delay proceedings.
This ultimately renders the Constitutional provision and the Speedy Trial Act for the "speedy trial" and "speedy disposition of cases" toothless.
Thus, interviews among PDLs and jail officers show that "courts so and so" are "court bagal-bagal" or "court dugay-dugay" (in Bisaya).
They have the reputation of being slow and corruptible, commonly known among PDLs as "judge napapakiusapan."
A Weaponized Tool
In my study, cultural postponements lead to "purposeful delays."
Thus, the key decision point is whether a case is bailable or not.
Police officers and prosecutors usually find all the legal loopholes that make a case nonbailable: A homicide case becomes a murder case, a simple theft becomes a qualified theft, acts of lasciviousness becomes rape, a section 16 (drug use) becomes a section 5 (drug sell), etc., just to make sure that the accused will be automatically denied bail and then to simply let the courts decide, much later in the proceedings, whether to grant bail or not.
Thus, the filing of the "nature of charges" (homicide vs murder) and the succeeding grant or denial of bail is a weaponized tool of the different dispensers of political power in the Philippines.
Beyond Politicization
This has happend against Gloria Macapagal Arroyo during PNoy's presidency and manifested also by the current detention of Senator Leila De Lima.
It is beyond partisan -- the dominant political party systematically uses it against the opposition, and when the opposition is in power, it will do just the same.
What is good for the goose is good for the gander.
The Supreme Court should rise beyond the politicization and weaponization of the bail hearings and use of pretrial detention.
Bail For Gigi
The Supreme Court should allow Gigi Reyes to be released on bail.
More importantly, the Supreme Court should also allow all the accused languishing in decrepit jails nationwide who had stayed in jail for 3 years, if accused in Regional Trial Courts (RTC), and 6 months, if accused in Metropolitan Trial Courts (MTC), as advised in the Task Force Katarungan and Kalayaan (TFKK), which was created by the Supreme Court itself.
Gigi Reyes is still presumed innocent, as enshrined in the 1987 Philippine Constitution.
If she were guilty, then let the lower court find her guilty.
Let the prosecutors establish the evidence of her guilt.
There must be a marathon hearing, upon her release, to determine guilt or innocence, and to immediately re-arrest her and send her to the Correctional Institution for Women, if she is guilty.
Supervised Release
For indeed, we cannot allow public officials to plunder governmental funds.
The truly criminals must be properly punished.
But, for Godsake, while she is still presumed innocent, she should be immediately released.
The manner of release can be through "supervised released."
She can be monitored by a custodian, with a condition to appear in court, and to not engage in a new crime.
She can be held on house arrest, with limitations on her movement, and she could be made to attend rehabilitation programs.
Criminal Justice Malady
Our Community Bail Bond program, which bails out PDLs, shows that when properly monitored and supervised, PDLs show up in court voluntarily and do not attempt to jump bail.
PDLs can find employment, be responsible members of the community, and contribute to the social fabric of the society, even when they are accused of a crime.
When convicted, they can surrender and face the legal and moral consequences of their criminal actions.
The Supreme Court should not turn a blind eye on this continuing social and criminal justice malady.
The Supreme Court should institute structural, organizational, and cultural reforms to address the problems of prolonged pretrial detention that had been weaponized and politicized by the dispensers of political power.
Addressing An Endemic Problem
The current efforts of Chief Justice Diosdado Peralta and Office of Court Administrator Midas Marquez where they introduced the "Continuous Trial," "Justice Zones," and "Task Force Katarugan and Kalayaan" must be supported by the trial judges, prosectors and defense lawyers.
This is the only way to improve the legitimacy of the Philippine Criminal Justice System.
My research and ongoing advocacy do suggest that if courts and other criminal justice actors are innovative, if they view the situation with an open heart and mind, and if they are ready to try new mechanisms outside the box, as exemplified by many court actors I have worked with, there are multiple ways to address this endemic problem.
We, the people, should support all our criminal justice actors who painstakingly perform their jobs despite the threats in their personal and family safety.
They are putting their lives and limbs in the line of duty daily.
For if they succeed, we all reap the benefits of a safe society.
#walangtutulongsafilipinokundikapwafilipino
#communitybailbondupdates
#presomantaorin
PS.
AN APPEAL
I was once accused of a crime I did not commit and suffered almost seven years of pretrial detention. I was eventually found innocent by the RTC.
Thus, I know firsthand the harrowing emotional and psychological impact of prolonged trial detention in overcrowded jail centers.
I am making this appeal on behalf of all those currenly suffering from prolonged pre-trial detention.
This is not a partisan or political statement but rather an urgent appeal to make our criminal justice system fair, efficient and equitable.