Another one bites the dust
By admin on May 31, 2007 in Op-ed Columns
Two months ago, the Supreme Court under the leadership of Chief Justice Reynato Puno cracked down on the rampant sale of temporary restraining orders (TROs) and decisions at the Court of Appeals.It was the first time ever in our judicial history. Last week, once again the Chief Justice made a landmark move. He ordered the preventive suspension of a lady family court judge right in the heart of MakatiCity for her alleged selling of temporary protection orders (TPOs) and permanent protection orders (PPOs).
The court of Judge Evelyn Arcaya-Chua was immediately padlocked to prevent court records from being tampered. Supreme Court guards were posted around the clock including weekends to preserve the evidence. Can you imagine the scenario straight from a CSI episode? Studies show and popular opinion goes that male judges are generally more corrupt than women. But this case broke against Judge Evelyn because of the numerous complaints against her. Somehow the nurturing and caring image of a woman is grossly violated when allegations of money changing hands in breach of the trust reposed are made. Two grounds cited in the investigation findings in the case Tan II v. Pulliam involving a dispute over the custody of a minor child are: One, Judge Evelyn displayed gross ignorance of the law in issuing orders. The law grants the woman the right to apply for a protection order against the man.
In this case, it was the man seeking the order which was granted. Second, she acted with undue speed in issuing successive orders on May 7 and May 8, 2007 that carved out an unusual interest in the case. In a system which takes years to get anything done, doing something too fast is downright fishy. For her actions, Judge Evelyn is also the subject of complaints in at least three other cases.
What is the moral of the story? If you are a litigant facing a corrupt judge or court personnel, complain. You have the right to do so. You can write out the basic facts and send it to the Supreme Court. Don’t worry about the fine language or the exact violation. The brilliant and dedicated lawyers in Padre Faura will take care of that. You have the duty to report.
We are miserable with our negative perception of our country and yet when we can actually do something, we shrink from it and give all sorts of excuses. If you don’t want to do it personally, ask a lawyer or an NGO to do it.
No need to fear reprisal as the Supreme Court is the final arbiter. Previously, most reports made seem to be swallowed up in a black hole. No longer, the Supreme Court is moving fast. Lastly, if you do it for purely personal reason, well, you might just win your case.
It is leadership that counts. Justice Puno has no baggage. He is not beholden to anyone. He has the respect of the bar and the bench and is quickly gaining the confidence of the legal community and the trust of the people at large.
If the top man is straight, then that removes the rationalization argument for the unscrupulous down the line. “If the boss is corrupt, why should we bother and not do likewise?” says a long time clerk of court. It should now be, she said, “If the boss is honest and hardworking, then we rejoice and follow his example.”
It is when leaders truly lead that the followers respond. It is when justices and litigants come together to weed out the ‘hoodlums in robes’ that justice can take center stage.
Chief Justice Puno is keeping to his accord in crafting his court of history and his date with destiny. Shan’t we at least show up?
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