Atty. Dominador Lagare, lawyer for torture victims
Article 2: Based on your long experience in trial situations, I would like to get your insights into what you think about our criminal justice institutions. Basically, how do the police, prosecutor’s and judge’s deal with cases?
Dominador: I would like to share what I have observed in my experience as a lawyer in the Philippines. The way I see what is happening in the Philippines now, is that things are getting worse. Money in the Philippines is considered to be the most important thing. The old cliché that the rich are getting richer and the poor are getting poorer holds true. In all aspects of legal matters, the rich always means the rich person and the poor always means the poor person.
For instance, I had a trial in court. Under the law, during the pre-trial, the petitioner has to be personally present in the court. I have handled the case for more than a year already, but have yet to see the petitioner even once. The judge tolerated that the petitioner did not make an appearance and he was able to get away with it. Unfortunately, after a year of handling the case, it was postponed for three or four months.
The petitioner in this case is a very rich man. He has influence. Even the judge is relegated to the background as if he is no longer a judge. And, to add to this, my client is poor. I mean he did not hire me or pay me. In preparing court documents he could not pay me even a single centavo. On my part, I am trying to facilitate his right to a court trial.
That is how the case went. On that day the judge was scheduled to hear thirty cases. Our case was supposedly scheduled for 2pm, but the judge only came out from his chambers at 3pm. Reading the cases to be heard that day could take some time. My case was listed as number 16th. When it was read, it was almost 5pm. There were about six cases made ready for trial, but the judge ran out of time.
So, what actually happened was that the judge only read the list of cases. And the cases had to be postponed without reason or an unreasonable reason. For example, the case is postponed because the counsel is not present, probably due to a lack of discipline. Lawyers simply do not show up causing postponement of a case which requires his presence.
Article 2: In your opinion, do you think that when judges perform their roles or implement the rules of the court, they are acting or giving judgment according to the law?
Dominador: No. They are not in accordance with the law. Take my case for example. The other party was not around, so the judge should have dismissed the case. Under the rules, it is important that all parties should be present because that is required of a pre-trial. The pre-trial cannot be terminated without a conference in which both parties must be present. But, in absence of the other party, the judge postponed the pre-trial conference.
I even told the judge: “Your Honor, I have been appearing in this case for more than a year. I have yet to see the face of the petitioner.” And, then the petitioner’s lawyer was asked: “where is your client?” He said: “somewhere in Cagayan de Oro city.” In this case the person who is absent is your client. As the petitioner, he is the one asking the court to do something, but he has not shown up in court without giving any reason for his absence.
Article 2: So this is a classic example of a judge not complying with the law, and getting away with it?
Dominador: Yes, and he is not alone. I’ve even heard that some cases were won in court because the judge was given money for a favourable judgement. Say, from the beginning, the judge only asks for Php30,000; later he would request Php20,000 for marketing, then another amount because he wants to go on a holiday. At last the case was won in court after the judge was given Php300,000. This is what is happening today.
Our judges will have 30 to 40 cases docketed to hear in one day. How can they cope? He is only one judge. There is a promise that General Santos City and South Cotabato will both be given an additional three judges. Aside from that, not only in the local courts but even in the national offices where I appeared recently, I have to spend my own money in going to Manila to attend a hearing. We lost one particular case, not because of the issues/ merit of our case, but because the other parties had already paid off the judges
Article 2: You mean this judicial corruption in an endemic practice?
Dominador: Yes. It is everywhere. As you know in the Congress, there is the Pork barrel issue, wherein money was released to Congressmen and to Senators. The money is spent without going through public bidding. The concerned Congressman or Senator will just give it to a non-government organisation. Nothing good is coming out of this present administration.
There are times that have made me think that there is something basically wrong in our system of government. Here in General Santos City, if you are rich you are given a lot of privileges. We have malls with the owners of the malls being exempted from paying taxes. These malls are given an exemption from paying real property taxes or machineries put thereon for nine years.
For instance, department stores in shopping malls are free from paying business taxes for nine years from the time they open their businesses. I attended a city council/legislative council hearing, and requested them to review the present taxation system now, because with the present system, I see the poor are getting poorer.
A shopping mall engaged in business will be exempted from payment of taxes. On the other hand, small stores are the ones paying the business tax. You see the disparity. It is not the council of people in the General Santos City Hall, but the big business firms who are the ones who pass these kinds of laws. Not only that, there are many more laws that are really not for the good of the ordinary people.
