Due Process?…Aww, come on!

DUE PROCESS?…AWWW, COME ON!

By Apolinario Villalobos

 

 

Given: The democracy system of the Philippines has three branches, Executive, Judiciary, and Legislative which are independent from each other.

 

Scenario 1:  Apprehension of Drug Addict/Runner/Pusher

 

  • The police apprehends the culprit and logs the incident in the precinct’s “blotter”. THE POLICE IS UNDER THE EXECUTIVE BRANCH – THE PRESIDENT VIA THE PNP.

 

  • The culprit is brought to the fiscal’s office for “booking”. THE JUDGE IS UNDER THE JUDICIARY BRANCH.

 

  • The action of the judge who accepted the bail is based on the law. THE LEGISLATIVE BRANCH MADE THE LAW.

 

Questions:

 

  • What if the judge is in the payroll of the drug lord as manifested by the “quick” release of apprehended culprit due to the bail readily handed out by the financier, most of the time? It has been observed that many organized “akyat bahay” crimes and drug pushing culprits enjoy this system because “financiers” are waiting at the fiscal’s office, so that on the same day of “booking”, they became free again.

 

  • What can the president do if he cannot meddle in the affairs of the Judiciary which could have been infested with corruption for a long time, as such assumption brought to light the so-called “rogues in robe”? He cannot give orders to the Chief Justice of the Supreme Court to cleanse their rank. This is the reason why the Chief Justice suddenly kept quiet after the president told her to mind her own business, after she attempted to admonish him.

 

  • What can the president do to the drug-related laws that are full of holes as undoing or revising them can virtually takes an eternity, considering the slow-footedness of the lawmakers, some of whom have been found to be corrupt and even involved in narco-politics?

 

  • Why can’t the law makers do something to patch up the holes of the law?…is it because doing so will affect their “benefits”? Take note that until today, the information transparency enjoyed by the journalists is limited only to the Executive Branch because a totally encompassing law based on the Freedom of Information Bill, is yet to be passed by the Legislative, BUT WHICH THE LATTER HAS INDEFENITELY SHELVED. The issue on the political dynasty bill is another question which the Legislative has to answer…that if ever it will be passed, how “realistic” can it be?

 

 

NOTES:

  • The deeply-rooted corruption in the whole system of the Philippine governance has been inherited by the current president, Duterte, even those under his stead, such as the New Bilibid Prison, Philippine National Police and the rest of government agencies.

 

  • The president has no hold on the Judiciary and the Legislative branches, hence, has no say on the corruption that proliferates among their members, except if their acts affect the operation of the Executive Branch, one of which is the de Lima/Bilibid case because the network of anomaly has included personnel under the Executive Branch.

 

  • Obviously, the reason why there was a massive change of color from “yellow” and “white” to “red” is the nauseating corrupt political system of the country.

 

SO, THERE’S THE DUE PROCESS….FOR THE DRUG ADDICTS, DRUG PUSHERS, DRUG LORDS, NARCO-POLITICIANS.

 

BUT, WHAT ABOUT THE DUE PROCESS FOR THEIR VICTIMS, NOT ONLY THE YOUTH AND THEIR FAMILIES, BUT EVENTUALLY, THE WHOLE COUNTRY?