Friday, October 14, 2016

AGAIN: JUSTICE DELAYED IS INJUSTICE



So it is commonly said and heard: “Justice delayed is justice denied.  So too it is said that the unreasonable delay in the administration of justice is considered nothing less than the denial of justice itself.  So it is that in the world of down-to-earth realities, the truth is that Justice Delayed is Injustice – such as when the accused is all-powerful, when the lawyer is over-acting, when the judge is nonchalant.  And so it is that in such a scenario, nothing less than injustice in effect prevails.  To simply say that such is unfair is to forward the summit of insensitivity, the over-all result of which is downright justice.  To seek justice  of the quasi-forever as something forever illusive – such is nothing less than injustice incarnated itself.  This is he truth, this is reality.  And this is making the victims of injustice doubly victimized.

To mention but a  few Cases where the delay in the administration of justice is nothing less than a big injustice.  One has still to hear of a duly-identified and accordingly punished killer in the infamous “Mendiola Massacre”.  So many farmers killed and no one at all is judged and penalized as a killer.  Not even one is yet named as a deadly agent in the “Maguindanao Massacre” where  no less than some 58 individuals were mercilessly gunned down and simply all covered by earth without regret, without remorse by those responsible for their already well-known unconscionable slaughter.  And there is the “SAF Massacre” where no one is still certified as responsible for the hideous event.  How about the perpetrators of the recent Davao Massacre, the Extrajudicial Killings, the Summary Executions here and there?  Why is it that prisons all over the land are bursting with  stand-up prisoners? And why is it that the lower Courts all over the land are likewise bursting up with thick files of unresolved/undecided Cases brought precisely thereto for resolution according to the demands of justice?

This is to say nothing about the rich and powerful, about those in command of high public offices with their corresponding quasi-inexhaustible resources plus consequent powerful and fearful influence – in the persons of high government officials such as in the previous administration – a good number of whom are precisely experts and champions in graft and corrupt practices.  So it is too that to this writing, while a little number of them are already facing charges before the proper Courts in the land, it is altogether something else for them to be sentenced guilty an penalized as provided by law.

But behold and read nothing less than a sound and clear constitutional provision:  “The Supreme Court shall have the following powers: ...Promulgate rules that shall provide a simplified and inexpensive procedure for the speedy disposition of cases...”  (Phil. Const., Art. VIII, Sec. 5, no. 5)

A case in point is the following:  When the administration directly or indirectly endorses summary executions, extra-judicial killings and the like, could such speedy life-annihilating procedures find its rationale on the undeniable fact that justice in the Country in effect moves slower than a turtle?  Could the same speedy doing away with life of be premised on the reality that the Philippine Justice System does not really work?  Could it be then that in this Country during these times, someone is presumed guilty unless proven innocent.  So it is that the saying goes:  Where justice there is none, injustice takes over.  This is sad – very sad!