HOLY TRINITY UNIVERSITYGraduate School

Ph.D. in Dev. Ed.Phil. 700- Philosophy of

Man

DR. NELSON S. SALVADORPROFESSOR

DIOLIN V. HOMBREREPORTER

TOPIC:

QUEST FOR EQUALITY & JUSTICE

EQUALITYJustitia omnibus 

Justitia nemini neganda est

Its meaning:

Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws, with no individual or group having special legal privileges.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

PLAIN LANGUAGE VERSION:

The law is the same for everyone; it

should be applied in the same way to

all.

The principle of equality before the law is especially important for groups that are in the minority, such as indigenous people, or groups that have less political or other power, such as the poor.

This also means that judges, government officials and police are also answerable to the same body of law.

The law covers 6 areas these are:

race sex/gender disability religion or belief sexual orientation age

JUSTICE

Ignorantiam legis non excusat

Rawls on the Just State

John Rawls (1921 – 2002) A Theory of Justice (1971)

Justice as fairness

A just society is one run on just principles

A just society would be a fair society Fairness involves Distributive Justice

There is a fair distribution of primary social goods wealth, opportunities, liberties and privileges, bases of self respect (e.g. equality of political

representation)

Two Principles of Justice

1. Each person has an equal claim to a fully adequate scheme of basic rights and liberties, compatible with the same scheme for all.

2. Social and economic inequalities are to satisfy two conditions:

a. they are to be attached to positions and offices open to all under conditions of fair equality of opportunity;

b. they are to be to the greatest benefit of the least advantaged members of society (The Difference Pinciple)

Quest for Justice in Philippin

es

Access to Justice involves the provision of remedies that people need in order to protect themselves from possible harm caused by others when involved in disputes or conflicts of interests.

Goals of Access to Justice (UNDP Framework):

• Human Rights Development• Capacity Development

Dimensions of Access to Justice

• Convenience• Availability• Affordability

Convenience - ease in physically reaching the starting point of service and in receiving the necessary service.

Availability - geographical proximity and accessibility of service.

Affordability - judicial services do not involve prohibitive costs.

Four (4) Major Factors Hindering Access to Justice

in the Philippines

1. Delays in judicial proceedings.2. Erroneous decisions rendered by lower

court.3. Prohibitive costs of litigation4. Inadequacy or lack of information about

the judicial system

The Action Program for Judicial Reform

Vision:

“A Judiciary that is independent, effective and efficient, and worthy of public trust and confidence; and a legal profession that provides quality, ethical, accessible and cost-effective legal service to our people and is willing and able to answer the call to public service.”

Six (6) Major Components

Judicial Systems and Procedures

Institutions Development

Human Resource Development

Integrity Infrastructure Development

Access to Justice by the Poor

Reform Support Systems

Access to Justice by the Poor Component

Promote physical access to the courts as well as speedy and fair adjudication of cases for all.

Protect the poor from the abuses of those who claim to influence judicial decisions by strengthening the integrity of the judicial system.

Improve the affordability of judicial services to the poor.

Access to Justice & Equality Project Categories

1. Capacity building.

2. Policy research.

3. Information, education, and communication (IEC).

4. Systems and procedures

Study on Addressing Affordability Constraints on Access to Justice by the Poor and the

Disadvantaged

This project involves The review of related literature and a

survey to determine the state of free legal service in the Philippines.

Organizing a multi-stakeholder workshop to determine options and formulate measures and programs addressing affordability constraints to access to justice by the poor.

Drafting legal instruments for the implementation of the proposed measures.

Proposed Measures to Ensure the Availability of Free Legal Services for the Poor and the Disadvantage:

• Requiring lawyers newly admitted to the Bar to provide pro bono legal work.

• Accreditation of law graduates by the Philippine Judicial Academy as paralegals to represent the poor in certain cases before Second Level Courts.

• Internship program for law students to assist in providing free legal services.

• Identification and development of mechanisms for public and private resource mobilization programs to support the availability of affordable legal and judicialservices to the poor.

Institutional Strengthening of the Shari’a Justice System

- A study and assessment of the strengths and weaknesses of

the Shari’a Courtswhich are found to be deeply

rooted in the history and religion of the Muslim

Filipinos

Issues and Challenges

• The lack of common recognition by Muslim Filipinos themselves of the Shari’a Justice System as the forum they trust for the settlement of justiceable disputes.

• Widespread extrajudicial settlement of justiceable disputes.

• Parallel governments and overlapping systems of justice create confusion and undermine the true governance foundation for a well-functioning justice systems for Muslim Filipinos;

• Irresponsive Shari’a justice system to all justiceable conflicts of Muslim Filipinos

• Weak access

• Weak education system on Islamic justice system

• Human rights and gender equality implications of some substantive laws

Coverage of the Directions for Reforms

• Promotion of the rule of law

• Strengthening of the shari’a legal education system

• Streamlining of the institutional framework for shari’a justice

• Strengthening of shari’a justice system’s capacity and integrity

Legal Accountability and Dispute Resolution (LADR) Program: A Jail Decongestion Project in the Manila City and Pasay City

Directly addressed the problem of jail congestion in the Manila City and Pasay City jails by providing adequate legal representation to overstaying prisoners.

Two components:

1. Training of lawyers and paralegals on the basic principles of criminal law and procedure, including the drafting of motions and pleadings for the release of overstaying prisoners

2. Filing of appropriate petitions and taking the necessary action to effect the release of overstaying prisoners

Justice Reform Initiatives Support (JURIS) Project

The Project has four major components:

1. Mediation Support - covers both court-annexed mediation and mediation mechanisms that are alternative to court adjudication.

2. Judicial Education - strengthens the capacity of PHILJA to plan, design and deliver educational programs for judges and court personnel relating primarily to court-based and court-annexed mediation and other forms of alternative disputeresolution (ADR) mechanisms.

3. Reform Advocacy Support - involves networking and collaboration between the Judiciary and civil society for undertaking cooperative reform advocacy in order to improve the quality of judicial services and access to justice, and empower poor and marginalized groups to make use of judicial and quasi-judicial services.

4. Technical Assistance and Research Fund - offers a flexible vehicle to respond to changing needs and development as the APJR is implemented.

Public Education and Advocacy on the Rule of Law (PERLAS)

Involves the development of Teaching Exemplars for Classroom Use for elementary and high school students, and the Student Handbook for high school Students to augment existing teaching modules and to reinforce students’ understanding of the principle of the Rule of Law.

Objectives:

• To promote understanding of the importance of the Rule of Law.

• To develop awareness on the roles and functions of the Judiciary especially among the youth.

• To broaden the support base of long-term judicial reform.

• To raise among community members the awareness that everyone has a stake and responsibility in the promotion of the Rule of Law.

• To enrich and enhance the Department of Education’s existing curricula for elementary and secondary schools.

Medium-term Development Plan for the Criminal Justice System

Objectives:

• Establishment of an effective system or process in the community by which crimes are investigated, prosecuted, and punished when found guilty.

• Provisions for correction and rehabilitation leading the people to proper channels to seek and obtain remedy.

Access to Justice for the Poor Project

- Seeks to increase the access to justice of the poor and vulnerable in selected Provinces through increased knowledge about basic rights and the judicial system

Partner Agencies:

• Department of Justice• Department of the Interior and Local Government• Alternative Law Groups• Department of Social Welfare and Development

(Lead Agency)

The Project is jointly implemented by various government agencies.

It has four major components:

1. Institutionalization of the Decentralized Information Function of the Judiciary;

2. Community Development and Empowerment of Women and Children;

3. Institutional Development of Law Enforcement and the Judiciary; and

4. Legal Reform.

END

Judicial Reforms (Improved Access

to Justice)

Well-functioning

JudicialSystem

-Efficient & Fair

- Accessible & Transparent

- Independent & Autonomous

- Public trust & Confidence

Stable Socio-

EconomicEnvironmen

t

Development

andProsperity

ad finem,Gratiam habeo

 

Ignorantiam legis non excusat - Ignorance of the law excuses no one

Justitia omnibus - Justice for all Justitia nemini neganda est. Justice is

to be denied to no one.