Justice for every Juan –
FLAG head Atty. Diokno

THE NEW CHIEF JUSTICE of the Supreme Court must make sure that ordinary people have access to justice, the courts, and legal advice, says Free Legal Assistance Group (FLAG) chair and SC nominee Atty. Jose Manuel Diokno.

During his interview by members of the Judicial and Bar Council (JBC) on Tuesday, Diokno said it was about time that justice was made available to ordinary people.

In fact, Diokno says he even wants to depoliticize the appointments of justices and judges, by including non-lawyers in such bodies such as the JBC. The JBC is tasked with screening aspirants to the Supreme Court. According to the 1987 Constitution, the JBC then submits a short list to the sitting President to choose from.

“A lot of problems of the poor could be resolved even by a new lawyer,” Diokno said. “All they need is access to counsel. It is hard for people to get that access.”

Diokno also expressed concern over the politicization of the process of the appointments of justices and judges. “In other countries, this is less political by giving some of the power to citizens.”

For example, Diokno pointed out that all members of the JBC are lawyers. “(But) being appointed a judge is something that all citizens should be concerned with, all sectors should have equal interest.”

At one point, one of the JBC members asked if Diokno meant that a farmer should be allowed to sit in the JBC, to which Diokno replied: “Everybody has a stake in the justice system, both poor and rich.”

Diokno told the JBC that he has a four-point proposal to address the credibility problem that the judiciary is now having. The four points include:

• More judicial transparency
• More public accountability
• No more flip-flopping on final decisions
• Faster and cheaper justice for all

“To me the biggest problem in the judiciary is the people’s loss of faith in the system,” Diokno said. “Karamihan ng kapatid natin hindi na naniniwala sa husgado. That would have to be the first priority of the Chief Justice, how to address that.”

For example, Diokno said the Chief Justice must take the lead in publishing his statement of assets, liabilities, and net worth or SALN, as well be transparent in the use of judicial funds.

Also, Diokno noted the need to review the rules of court “to allow the perpetuation of whistleblower testimonies. Diokno pointed out that since the wheels of justice grind exceedingly slow, many whistleblowers and state witnesses lose faith while waiting for their case to finish. Without this amendment, Diokno said the testimonies of whistleblowers would not have any permanence.

Asked to define his idea of justice, Diokno said justice must be “something people can see in reality, not just in ideals; something they can strive for, something they can feel in their hands. To me that would be the greatest legacy anyone can leave with the courts.”

“we must deliver justice to the masses, find a way to make justice real to them and not just a dream. This means more access to lawyers and the courts. The sad truth is that many of the courts are just too expensive for people to litigate in, even if they have very strong cases,” Diokno added.