We need more prosecutors and judges to give justice for children, 2

BY FR. SHAY CULLEN

ONE OF the most important tasks of the judicatory and the Department of Justice is delivering swift, speedy justice without doubt for sexually abused and assaulted children.

They are the most vulnerable and the most hurt. They suffer the longest and are the most neglected and the most ignored. There were times past when child rape and sexual assault was a dirty secret never revealed and instead brushed under the carpet and was almost socially accepted. It was for millions a horrendous heinous crime and a fact of life before the UN Convention on the Rights of the Child (UNCRC).

This writer was a Philippine delegate to the convention in Helsinki, Finland that wrote the final draft of the UNCRC. It was drafted mostly by NGOs and approved on 20 November 1989 and entered into force in September 1990. Then, each nation had to make their own child protection laws based on the charter.

The Philippines has strong, well-crafted laws and a proud legal profession that, however, is not enough to implement the laws effectively as there are too few judges and prosecutors. It is a serious problem and it is unacceptable when justice for a raped child can take three years. It is the sworn duty of the executive branch to remedy this serious failure to prepare, train and pre-select and appoint just, honest, educated prosecutors and judges.

I will leave you with the comments of an eminent professor, Raymund E. Narag, who has some very impressive figures. He writes:  

“As of January 10, 2024 data from Trial Court Locator of the Philippine Supreme Court, there are 2,741 courts nationwide. Of these, 2,033 are occupied by a sitting judge (74.17%), 526 are vacant (19.19%), 122 are unorganized (4.45%) and 60 are newly created (2.19%). This means that 1 in every 4 courts do not have assigned judges. On top of these, interview data shows that there could be a similar number of vacancies among public prosecutors and the Public Attorney’s Office.

“Thus, the number of court vacancies where either a judge, a public prosecutor, or a PAO lawyer is not fully designated to a particular court branch could be as high as 50 percent. This is a major problem that affects the administration of justice and leads to tremendous negative outcomes such as the delay in hearings, jail and prison congestion and violence, high recidivism rates, and a huge cost of running the criminal justice system. In many anecdotal cases, judges’ positions are vacant for 4 to 6 years.”

The professor in his published article has outlined the solution, he goes on to say:

“One of the major culprits to this problem is the delay in the appointments of judges, public prosecutors, and Public Attorney’s Office (PAO) by the Office of the President. The Office of the President must seriously consider this as a top priority and, in coordination with the Supreme Court and the Department of Justice, must devise mechanisms on how to recruit, select, appoint, and promote criminal justice actors efficiently and meritoriously.”  

The Philippines has a challenge ahead of it and with great judicial minds it can greatly improve its standing in the world for effectiveness. At present, the Philippines with a score of 0.46, ranks 100th out of 142 countries in the WJP Rule of Law Index 2023. In the East Asia and Pacific region, Manila ranked 13th out of 15.

These are the facts. They stand as the challenge facing the executive branch of government at present and it is never too late to make amends and do the nation proud by showing that the Philippines can have the swiftest and most honest judiciary of integrity anywhere. We just have to work together for the nation and especially the abused children that hunger and thirst for justice. (preda.org)/PN