(EID-003) “CHARITY OVER JUSTICE”

It appears that Manila Archbishop Gaudencio Cardinal Rosales had the case of the Sumilao farmers in mind when he called upon the faithful to put “charity over justice” as they celebrate Christmas, but considering the depth of his message, we should embrace his call as a guiding principle in the delivery of public governance.

Putting “charity over justice” means giving substance to the saying that “those who less in life should have more in law”. How are we going to do this in a country where the majority of the people are poor, and where the rich minority hold the reigns over the mechanisms of the law?

It is ironic that in a country where the majority of the people are Christians, we see so much injustice around. Part of the irony is the fact that the majority of lawmakers, judges and law enforcers are Christians too. Alas, if only a small minority would take the call of Cardinal Rosales to heart, we would probably see more of justice delivered everywhere.

By way of a reality check, there is no denying that right now, the overall form and manner of delivering justice in this country is very much slanted in favor of the rich, to the disadvantage of the poor. To begin with, the poor could not even afford to file charges before the courts, much less be able to afford a lawyer. Every action of the courts needs money to the spent, money that the poor does not have.

Although it will sound like a “Catch 22” situation, it seems that the only way to balance the delivery of justice is to change the laws that govern the process, laws that have to be passed by a Congress that is largely composed of the rich minority.

And although it will sound like an impossible dream, it seems that the only way to balance the representation in the Congress between the rich and the poor is to change the election laws, so that it would become possible for poor but deserving candidates to run for public office and win.

On the practical side, it is about time that we institutionalize small claims courts in this country, so that the poor people could get immediate justice without spending too much money, and without hiring a lawyer. Aside from that, the government should increase the budget of the Public Attorney’s Office (PAO) so that it could hire more lawyers. Better still; the government should pay public defenders the salary of private lawyers, so that the poor could get better legal representation for free.