By CONG B. CORRALES
Associate Editor
THE 10-year-old Ampatuan Massacre case should serve as a wake up call about the urgent need to overhaul the country’s criminal justice system, one of the special prosecutors of the relatives of the massacre victims told reporters here on Saturday.
In a press conference, lawyer and former presidential spokesman Harry Roque did not mince any words in calling out the “inefficiency” of the justice system.
“Hindi katanggap-tanggap ang 10 years. Biktima sila sa sistemang bulok. Sana ’di na maulit ito. The Ampatuan Massacre shows that all pillars of the criminal justice system are not working,” a visibly irked Roque said.
The five pillars: community, law enforcement, prosecution, courts, and corrections.
Judge Jocelyn Solis-Reyes of Regional Trial Court Branch 221 in Quezon City has asked the Supreme Court for a 30-day extension of the promulgation on the case. The latter granted the judge’s request which moved the promulgation to Dec. 20, this year.
“Inaasahan natin na matutuloy na ’yan sa Dec. 20 kaya we have scheduled our clients to go to Manila from Dec. 19 to 22,” said Roque.
After the promulgation, he said, he proposes for a national summit of the three branches of government to thresh out the problems in the country’s justice system.
“The five pillars of the criminal justice system must get together in a summit. Ang Hudikatura, Kongreso at ang Ehekutibo to effect a comprehensive reform in government institutions,” said Roque.
One problem, he pointed out, is the adversarial system in the courts. Roque argued that this system is the reason why cases are taking so long in the courts.
“Ang mangyayari kasi niyan ay pagalingan na ng mga abogado. Eh, mga abogado per appearance ang bayad nyan,” said Roque.
He proposes that the courts should switch to an inquisitorial system where the court is actively involved in looking for proof by investigating the facts of the case. It is the exact opposite of the adversarial system where the role of the court is essentially an impartial referee between the prosecution and the defense.
“Mas dadali yung resolution ng mga kaso kasi ang judge na mismo ang mag-cross examine ng mga witnesses,” Roque told reporters.
He said he has already started exploratory talks with the chairpersons of the committees on justice of both houses of Congress. However, Roque added that amending criminal court proceedings needs the concurrence of the Supreme Court. Hence, the need for the three branches of government to get together for a summit.
Roque appealed to President Rodrigo Duterte to consider his proposal for a summit on the criminal justice system.
“He (Duterte) used to be a fiscal. I’m sure he knows the problems the justice system is facing,” he said.
