Giving “Due Process” its due meaning

In the context of the Philippine judicial system, the oft-repeated quote “Justice delayed is justice denied” is certainly one that has utterly lost its meaning particularly for a democratic country that preaches “due process”.

The best indication of this, as the Pangasinan chapter of the Integrated Bar of the Philippines has cited, is the worsening congestion in the province’s detention facilities.

And the most telling is the admission of the jail wardens that many of the detainees have not even had a chance to be presented in court for a hearing of their cases where they are charged for petty crimes.

We, therefore, laud the IBP chapter for launching its program “The Administration of Justice through Case Management of Jail Detainees.” More than its desire to help decongest the province’s jail facilities; the program will finally give true meaning to “due process” in the country.

We can only pray that this program will not soon die and be forgotten owing to its “volunteer” nature, as most volunteerism programs go. We have seen hundreds of well-intentioned programs abandoned and ignored by the organization’s own members all because volunteerism became a tired and exploited word.

In this regard, it would do the program good if the chapter or the national office begins mapping out plans soon to support the program with adequate funding by both government and the private sector.

IBP must recognize the reality that volunteer lawyers still need to feed their families with their services and time. If no adequate logistical support comes to the team of volunteer lawyers, very soon our idealistic lawyers will have no time for “charity cases”.

We do not wish to put a damper on the IBP’s plans but if this worthy project has to work for the marginalized sector that it aimed to help for a long period of time, then we must encourage it to take the next inevitable step to success – raise funds for the project. At the very least, a volunteer lawyer must be allowed to earn a modest honorarium depending on the cases entrusted to him or her. (Beware of the other reality – hungry lawyers are most vulnerable to settlements inimical to the interests of their clients).

If this project becomes short-lived on account of logistical problems, we can expect the jails to be over-crowded in no time, faster than it can inspire others to revive it.

But it is off to a good start. Let’s wish the IBP- Pangasinan well!

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