CHIEF Justice Ma. Lourdes Sereno on Thursday voiced concern over the situation of impunity arising from the spate of extrajudicial killings attributed to the intensified anti-drug campaign of the Duterte administration.
“I am alarmed by the situation of impunity in our country whereby our court processes are not effected by law enforcement agencies,” Sereno said, during her annual Meet the Press forum to mark her fourth year in office.
Even the New York Times published on Sunday an editorial cartoon showing President Rodrigo Duterte holding a shoulder-launched assault weapon, targeting a wormy apple on the head of the man representing the Philippines.
The image is the latest take of a foreign news organization on the state of the drug war in the Philippines.
Sereno also expressed convern at the security of judges and journalists.
“I view the security of our judges very seriously. Since January 1999 up to date, a total of 26 judges have already been slain in service,” she said.
Sereno also cited the case involving the 2005 killing of journalist Marlene Esperat and other criminal cases where arrest warrants issued by regional trial courts were not enforced by police.
“It is difficult for the courts, if after bravely issuing arrest warrants, the police will not effect it,” she said.
According to her, the judiciary has been doing its part to protect constitutional rights of the people and make sure due process is observed.
“We are very proactive— as proactive as we can be—in trying to ensure constitutional rights are to be respected but you must remember that our role comes in when a justiciable controversy is before us,” she stressed.
But she lamented that the courts’ actions to address impunity are limited as these are dependent on cooperation of law enforcers, especially in cases of writs of habeas data, habeas corpus and amparo.
“You must remember that the judiciary does not have a single field investigation officer. It keeps on requesting help and issuing directives to the investigating agencies. And the hope of the people is that they will do their mandate,” she said.
Sereno also assured that the judiciary is addressing the illegal drug menace within its power.
“How do courts provide justice in drugs cases? Obviously, they expedite the resolution of all the drugs cases. What it can provide is justice to the State and the victims if there is enough evidence of guilt, and to the accused if there is none,” she asked.
The chief magistrate revealed that there are 138,368 pending drug cases in trial courts as of May 2016, which represent 29 percent of the total of 439,606 pending criminal cases.
Sereno also said the judiciary would work with the Philippine National Police and Department of Justice to further ensure that justice is served to the people.
They will also crack down on the “ineffective, delayed and corrupt execution of court judgments” and ensure that judges are secure, with the help of law enforcement agencies.
“Our people must have a reason to trust government,” she said.
Nonetheless, Sereno suggested that more prosecutors and public attorneys should be hired for this purpose.
Sereno lamented that many drug cases are delayed or dismissed due to “the absence of police witnesses, the dearth of prosecutors or public attorneys and the weak evidence of the prosecution.”
She cited the case of Marine Lieutenant Colonel Ferdinand Marcelino who was cleared by the DOJ in drug charges.
“The judiciary should not be blamed when no case was ever filed against him by the prosecutors. Thus, our judge had no choice but to release him as there was no legal basis to continue holding him in jail,” she said.
She assured that “wheels of justice are hastening” in drug and other cases.
