Due Process?...Awww, come on!
Posted on Sunday, 2 October 2016
DUE PROCESS?...AWWW, COME ON!
By Apolinario Villalobos
Given: The democracy system of the
Philippines has three branches, Executive, Judiciary, and Legislative which are
independent from each other.
Scenario 1:
Apprehension of Drug Addict/Runner/Pusher
·
The police apprehends the
culprit and logs the incident in the precinct’s “blotter”. THE POLICE IS UNDER
THE EXECUTIVE BRANCH – THE PRESIDENT VIA THE PNP.
·
The culprit is brought to the
fiscal’s office for “booking”. THE JUDGE IS UNDER THE JUDICIARY BRANCH.
·
The action of the judge who
accepted the bail is based on the law. THE LEGISLATIVE BRANCH MADE THE LAW.
Questions:
·
What if the judge is in the
payroll of the drug lord as manifested by the “quick” release of apprehended
culprit due to the bail readily handed out by the financier, most of the time?
It has been observed that many organized “akyat bahay” crimes and drug pushing
culprits enjoy this system because “financiers” are waiting at the fiscal’s
office, so that on the same day of “booking”, they became free again.
·
What can the president do if he
cannot meddle in the affairs of the Judiciary which could have been infested
with corruption for a long time, as such assumption brought to light the
so-called “rogues in robe”? He cannot give orders to the Chief Justice of the
Supreme Court to cleanse their rank. This is the reason why the Chief Justice
suddenly kept quiet after the president told her to mind her own business,
after she attempted to admonish him.
·
What can the president do to
the drug-related laws that are full of holes as undoing or revising them can
virtually takes an eternity, considering the slow-footedness of the lawmakers,
some of whom have been found to be corrupt and even involved in narco-politics?
·
Why can’t the law makers do
something to patch up the holes of the law?...is it because doing so will
affect their “benefits”? Take note that until today, the information
transparency enjoyed by the journalists is limited only to the Executive Branch
because a totally encompassing law based on the Freedom of Information Bill, is
yet to be passed by the Legislative, BUT WHICH THE LATTER HAS INDEFENITELY SHELVED.
The issue on the political dynasty bill is another question which the
Legislative has to answer…that if ever it will be passed, how “realistic” can
it be?
NOTES:
·
The deeply-rooted corruption in
the whole system of the Philippine governance has been inherited by the current
president, Duterte, even those under his stead, such as the New Bilibid Prison,
Philippine National Police and the rest of government agencies.
·
The president has no hold on
the Judiciary and the Legislative branches, hence, has no say on the corruption
that proliferates among their members, except if their acts affect the
operation of the Executive Branch, one of which is the de Lima/Bilibid case
because the network of anomaly has included personnel under the Executive
Branch.
·
Obviously, the reason why there
was a massive change of color from “yellow” and “white” to “red” is the
nauseating corrupt political system of the country.
SO, THERE’S THE DUE PROCESS….FOR THE DRUG
ADDICTS, DRUG PUSHERS, DRUG LORDS, NARCO-POLITICIANS.
BUT, WHAT ABOUT
THE DUE PROCESS FOR THEIR VICTIMS, NOT ONLY THE YOUTH AND THEIR FAMILIES, BUT
EVENTUALLY, THE WHOLE COUNTRY?
Discussion