
LET JUSTICE BE DONE THOUGH HEAVENS FALL! Judges and Prosecutors of Bohol are shown in this undated file photo attending series of judicial system capability-building activities.
Where temptations of all sorts crawl, the government is now developing a new breed of values-oriented, iron-willed judges and prosecutors.
Judges from Region 7 had a three-day gab, Aug. 27-29, 2008 on the concern regarding extra-judicial killings and disappearances held at the Metro Center Hotel this city.
The activity was also attended by lawyers from the Public Attorney’s Office, Commission on Human Rights, Department of Justice Prosecutors, police, the military and representatives from the group Karapatan.
Simultaneously, newly-appointed assistant prosecutors and those who are only two years in the government prosecution service were also treated with a five-day orientation-seminar (Monday-Friday, Aug 25-29, 2008), by a team from the Department of Justice, as part of a countrywide program aimed to equip them in such challenging job in an equally tempting times.
About 32 participants from the four provinces of Central Visayas (Bohol, Cebu, Oriental Negros and Siquijor) ushered by Regional State Prosecutor Francisco Gubalane attended the DOJ activity held at the Bohol Plaza Resort, Dayo Hill, Mayacabac, Dauis, Bohol.
RSP Gubalane said prosecution job is hard, particularly when a case finds no witnesses.
“We engage in a frontal fight and the risk is high,” Gubalane said.
Prosecutors also score the attitude of the community not to get involved to stand as witness to a crime.
“People tend to forget that the community is part in the delivery of justice, aside from law enforcement, prosecution and the judiciary. Most people, as long as the commission of a crime does not affect them, do not want to get involved,” they said.
The Prosecution is also plagued by the lack of manpower. The country today needs about 2,300 government prosecutors but there are only about 1,600 in the service.
Adding also to the voluminous work of prosecutors is the standing Supreme Court administrative order that no longer allows inquest or preliminary investigation of cases at the municipal trial courts. All complaints are now to be filed at the prosecution office, including those not resolved by the Barangay Justice System.
DOJ team leader Assistant Chief State Prosecutor Richard Anthony Donaire Fadullon said there are indeed pressures and temptations that comes along in the prosecution service and this is where values and strong foundation plays a vital role
“For instance, local prosecutors enjoy some benefits from local governments which are allowed by law. Such situation opens the gates for influence-peddling or some local officials may tend to use such relationship to tilt resolution of cases on inquest at the prosecution office. We must break away from that,” Fadullon candidly admitted.
Fadullon also heads the DOJ Administrative Grievance Committee which attends to complaints filed against prosecutors and department personnel.
`With a strong moral foundation and full knowledge of applicable legal statuettes, prosecutors can function without reservation in resolving cases assigned to them. Of course, the outcome of every preliminary inquest always has two reactions. The party who disagree with the prosecutor’s resolution would say some hands were behind it or it was fixed,” he stressed.
Also, in instances that a resolution at the local level is reversed by the higher state prosecution office, Fadullon clarified it doesn’t mean that the fiscal of the assailed resolution erred.
“Affirmation or reversal is always reached with a strong reason and justification,” he said.
Cases resolved at the local prosecution office can be appealed to the Regional State Prosecutor and still can be elevated to DOJ.
The orientation-seminars were conceptualized as early as last year but had some funding constraint. DOJ was able to tap some kind funding donors like the Asia Foundation, USAID and the Asian Development Bank for the activity.
The prosecutors’ intensive orientation-seminars cover the whole country. Central Visayas seminars are completed this month and by September the DOJ team will go to Iloilo for the Regions VI-VIII then to Davao for Regions X1-XII and back to Manila for Regions IV-V. Activities in all other regions were completed earlier.
“The job has a bigger responsibility to perform, requires high expectation and this demand can only be attained by providing our prosecutors the right training and right policy direction. Prosecution is like a house; when built, we do not start with the roof, the walls, and the interiors. A strong foundation must be built first.”
“Even if these prosecutors are placed under pressures or subjected to handle complicated or novel cases, if they have the basic and strong moral foundation, they will never go wrong,” DOJ assistant chief prosecutor Fadullon said.
Most, if not all, judges in trial courts come from the topnotch ranks of iron-willed prosecutors.
new breed of judges and prosecutors