Featured Post

MABUHAY PRRD!

Friday, June 21, 2013

The Jury System is not as simple as a carburettor.

I wish we could equate the running of government and all the matters that pertains to it to a simple carburettor_ a machine with no feelings and brains and can only do things that it was invented to do.  At any rate, if the other faulty parts of the car are replaced, repaired or cleaned, the car can function well again. 
The point you are missing in your analogy is what represents the car?  The CAR is our beloved country.  We cannot replace it with another country whether we like it or not!  We can replace the carburettor, the spark plugs, the radiator to make the car run again or even sell or trade it in for a newer car but we cannot do this with our country.  All we can do is reform our systems to make it work.
As I have said in my previous writings_ our constitution is like a jigsaw puzzle with a missing piece or like a person with a missing front tooth.  The Jury System is the missing piece or tooth.
We can also liken our country to a four-legged table.  If one leg is shorter than the others, it will keep on wobbling until we decide to lengthen the leg by changing it properly so that it is equal to the others.  By just propping the leg with a piece of paper will not do.  I am sure that you know why.
Replacing the leg with the proper materials, same as the other legs will strengthen the table.  The three legs represents the three branches of government _ the Executive, Legislative and Judiciary.  The fourth leg is the Filipino people.  All the legs support each other and have equal powers in keeping the country functioning as one.
Propping the leg with a paper is like changing our judicial system as proposed by other judicial reform or initiative groups.  All they want is procedural change _ like shortening the length of time of a civil or criminal trial; computerizing the system, adding more power to the judge and many more.  What they have failed to add is the system that will curtail the abuse of power of any judge or public officials like prosecutors in the running of the justice system.
All these reforms will do is: to pass down to the masses, the Filipino people, laws and procedures that will keep the reformers in power and call it democracy! 
The Jury System in our Constitution, and not just as one of the laws or judicial procedures, will shift the power to the people.  We put or elected them in the position they hold now.  Hence, we should be able to replace them not only during election time but at any time during their term of office, if and when they err.
The Jury System is not as simple as a carburettor.  It was devised precisely to solve the corrupt political system in England hundreds of years ago.  This same system was adopted by the Americans as the guiding, fundamental principle of their justice system.  It is the Jury System that keeps the law-abiding nature and culture of the Brits, the Americans and the people from other democratic, progressive countries like Australia, Canada, New Zealand and many more.
Believe it or not, it is this system that will deter or prevent our leaders, public officials and even the lowly Filipinos from perpetrating their corrupt ways.  Let’s face it, our present system, culture, practices, attitudes, political parties, public and private institutions are corrupt.
As you have said _ “the whole political system is flawed”.  I agree with you wholeheartedly.   In fact one of the definitions Wikipedia gives of apolitical system is one that ensures the maintaining of order and sanity in the society and at the same time makes it possible for some other institutions to also have their grievances and complaints put across in the course of social existence.
The political system is the totality of everything in a society including the laws, the people, the environment, the constitution, EVERYTHING!
You then added that it has to be replaced by a “new system”.  Precisely what NEW SYSTEM are you proposing?  Do you really mean replacing everything? 
Prof Cesar and Gerry, Bad leadership or bad governance is not the root cause of our problems.  Our leaders originally had good intentions for the betterment of our country and promised to abide by the laws.  What has happened to all of them?  I really mean ALL OF THEM.  They have become part of the corrupt political system.  The temptation of enriching themselves was and is so great!  Don’t forget, they are only humans so they succumb to the temptations to the woe of every Filipino.  The Jury System, as I have mentioned, will make them think twice or more, before they commit any crime like fraud or plunder against the people.  It will be their conscience.  If they don’t listen, then it will be their judge and jury.
Contrary to the belief of many Filipinos, the adoption of the Jury System in our constitution does not need a political padrino or the Congress who will surely mangle the passing of the Anti-dynasty Law and even of the Freedom of Information Act.  Naturally they will not allow anything that will minimise or diminish their power over the people.
Republic Act 6735 or Initiative and Referendum Act empowers the Filipinosto directly propose, enact, approve or reject, in whole or in part, the Constitution... passed by any legislative body, upon compliance with the requirements of this Act is hereby affirmed, recognised and guaranteed. 
This is the mandate that the Jury advocates will invoke.  The people do not need the blessing, approval or financial support of any politician.  However, if they sincerely want to support the adoption of the Jury System, then they are welcome.  But they must not expect the Jury advocates and followers to campaign for their re-election.  We owe them NOTHING!
We should be proud that we are the only people who fought against three colonisers _ the Spain, America and Japan.  And if China wants to cheat us of what belongs to us, let them try.  All we need is unite, which we are not but it might be the rallying point to unite us together.  Our regionalistic attitude is dividing us.  The Ilocanos, Kapangpangans, Bicolanos, etc... want to support only their political leaders.  ONCE AND FOR ALL, LET US BE FILIPINOS!   LET US DECIDE WHAT IS GOOD FOR OUR COUNTRY AND NOT FOR OUR INDIVIDUAL REGIONS.
Our country is rich in natural resources and its people are brave and resourceful.  Why do you think the greatest power during its time _ Spain colonised the Philippines?  We had gold and other minerals, the Filipinos built their galleons, and we are brave and sea-faring.   We are all these, unfortunately we are focusing on what is wrong with us and what we cannot do.  Let us change our national psyche. 
Let us be proud that we are Filipinos.  Our leaders are “trapos”, so be it.  Let’s move on.  We can still change this shameful reputation if we straighten our judicial system and the others will fall in line.
The Filipino people can claim ownership for the success of this national endeavour and reap the rewards that peace and justice can bring to our country.   Furthermore, we will gain the respect of other countries and peoples of the world.
Please pass this email on to your friends and families, in the Philippines and abroad.
Mabuhay and Pilipinas!  It’s the only one we’ve got.

Daisy Brett-Holt
Chair, Worldwide Philippine Jury Initiative (UK)

No comments: