Monday, January 5, 2009

opinion: philippine law

the country has proly the best system of law in all of asia. this is basically due the influence of the highly evolved "american justice system." though we borrowed a lot from the french civil code due to the spanish influence and heritage.

however, no matter how good our system of laws is. there are various influences that affect their application or jurisprudence.

neither does it mean that because a law is not used or a statute is being left to oblivion that it would warrant the status of non-existence. this is not true. we think the law does not exist because they are not being applied or enforced. this is wrong. the reason why laws are not being applied is due mostly to the failure to prosecute. they are however, effective, binding, or enforceable until amended or over-ruled by a subsequent law or statute.

the failure to prosecute results when protagonists, that is, plaintiff and defendant decide on some settlements rather than apply the natural course of the process. except for violations which involves the sovereign power of government, this is what happens to most cases.

lawyers are expensive, and magistrates or judges are not perceived to be fair or just or simply easily bribed and threatened with violence such as by hired 'hitmen' for the adversely affected party. the higher in stature a person is in society the more difficult it is to prosecute. compounded by the 'padrino system' and 'cloak-and-dagger' culture.

however, prevailing circumstances does not negate the existence of law. it only confirms the tediousness of the process and its necessity. it remains a challenge to government and to law enforcement in the end where" justice is to be served."

after all we are bound as citizens in the idea of a regime under the "rule of law." a government and society failing in this has lost the right to exist when it fails to recognize and observe that basic democratic inspiration. it will only operate as a matter of transition until the people will realize that a new order by sovereign agreement, based on unalterable historical circumstances, will have to be formed. when the time comes...once it presents itself as a realization. it will be indestructible...