By Atty. Marie Francesca Therese J. Yuvienco
Writers are always told: Show, don’t tell. So when I tell you that the wheels of justice in this country grind slowly, not only should I be hauled off to writer’s gaol for repeating a cliché, I should also be committed to solitary confinement for committing the cardinal vice of telling, not showing. But if I tell you that in a month’s time, 23 years will have elapsed since the gruesomely tortured bodies of labor leader Ka Lando Olalia and Leonor Alay-ay were found discarded in a secluded area in Antipolo without a single perpetrator having been brought to justice, will that satisfy the rule?
By any reckoning, a quarter-century is a long time. It was the night of November 12, 1986 when heavily armed men kidnapped Ka Lando and his driver Leonor, who had just come from a union meeting at Ajinomoto Philippines. It was suspected that the murderers were members of the Special Operations Group of the Department of National Defense but, of course, there was no proof of that. For twelve years, the case lay dormant. In that time, Ka Lando’s wife Nanay Feliciana raised her family of five children – four boys and a girl – on a midwife’s salary of P11,533.00 a month. Her family had long been used to making do: as chairman of the Kilusang Mayo Uno, Ka Lando was not exactly raking in millions, but the family was intact, which was the important thing. However, now that the primary breadwinner had been rubbed out, the years of providing for her family began to carve deep furrows onto Nanay Feliciana’s brow. It was the beginning of many nights of dining on chicken feet: Mondays were adobong paa ng manok; Tuesdays were mechadong paa ng manok; Wednesdays were afritadang paa ng manok, and so on. Sundays offered a respite of “mystery meat” which most likely featured gussied-up chicken feet, whatever Nanay Feliciana’s taxed creativity could come up with. (To this day, Ka Lando’s son Jong can cannot look at adidas, the colloquial name for street food that is grilled chicken feet, without wanting to hurl last night’s dinner.)
In 1998, the case broke wide open two witnesses came forward, Medardo Dumlao Barreto and Eduardo E. Bueno, former soldiers affiliated with the Reform the Armed Forces Movement (RAM); both executed affidavits recounting their involvement in the slaying of Ka Lando and Ka Leonor. Barreto and Bueno named Col. Eduardo E. Kapunan, Jr. and Oscar E. Legaspi, among others, as being in the thick of the preparation and execution of the plot. That, however, was only the beginning of what would become a quixotic quest for justice. Eleven years after Barreto and Bueno came forward, Kapunan and Legaspi are still to be arrested; they have not been arraigned and they have not been placed in detention. Twenty-three years after Ka Lando and Ka Leonor were killed, the crimes are still unpunished.
The reason is that to this day, Kapunan and Legaspi have, through legal machinations, defied every attempt to arrest them, even though the Supreme Court has ruled, with finality, that they are not entitled to the defense of amnesty and that a prima facie case for the double murder exists against them. They may have lost that battle, but it’s a war of attrition they are waging. The purpose of delay is to wear the enemy down; that or wait for the parties and their witnesses to die, in the meantime, avoid detention for a non-bailable offense.
I am devoting this issue’s column to Ka Lando and Ka Leonor because I am afraid. I am afraid that as time lurches on, people will begin forgetting who they are and what they fought for. Rolando Olalia and the assassinated Senator Benigno Aquino share one thing in common: both were gunned down for principles for which they were willing to lay down their lives. Where they differ is that Ka Lando did not have a wife who would later become President or a daughter with a genius for keeping her family’s surname foremost in the public’s mind. Ka Lando’s face isn’t stamped on any money bills and his name isn’t appended to an international airport; the only infrastructure dedicated to him is the road, known now as Olalia Drive, near where his body was recovered. He hasn’t achieved that iconic status that makes it cool for his likeness to be silkscreened onto t-shirts, like Che Guevarra, or an article of fashion to be inextricably linked with him, like Fidel Castro’s caps. His name will live on, certainly, but only in some dusty archives, rediscovered by a student required to do research, but still, only a name and a fuzzy image preserved on microfilm in a library, but his murder may still go unsolved, and that’s the danger.
Metaphors involving justice are usually unflattering. One, already mentioned, tells of wheels that grind slowly. Another is that of a woman blindfolded so that she can dispense justice without favoring anyone. But combining the two, we have the image of a blindfolded woman behind the wheel, so is it any wonder that justice proceeds like a hearse?
(Editor’s note: This was posted here with permission of the author.)
20 Feedbacks on "Follow that hearse called Philippine justice"
RubberStamps
persons of principle desire position as president, as legislators, or as judges to make a difference. there are two explanations for failure to make a difference: the spirit is willing but the IQ is weak, or they’re not principled to begin with. the three positions are check balances against each other. it only shows there is no weak link in the check and balances, only all around mediocrity and lack of principle. what w/ judges preoccupied with their own illegal quarries, logging, and land grabbing, they no longer have time to decide on drug lords except to collect bribes. during martial law, the most effective anti-corruption unit in the phils. was ABB.
mang godo
Summary killings were rampant during the past administrations and that is called salvage or swift justice
There are also delayed justice to justice denied.
Unsolved case is now called Cold Case…that is the term now for unsolved mysteries and unsolved cases.
It happened not only in the Philippines but to other countries as well particularly the US.
Political killings are also rampant in other countries and also unsolved.
With the advent of DNA and whistle blower it is now easy to solve a case. The unsolved cases of Alejandro and Olalia will be solved soon.
Just a little more time.
Everybody is nagtuturuan na example is the case of Dacer Corbit, from Lacson to Estrada to Mancao di malayong masolve din ito, kailangan lang magaling kumanta.
Time flies past…however the memory of these still lingers that need closure of this cold case.
mang ado
salamat naman at mayroon pang nakakaalala ng mga kasong ito,ang hustisya sa bansang ito ay matagal ng patay at isang malaking pwersa na lang ang dapat mangyari para mabuhay ulit ito.ang ating batas ay sa para sa 2 klase ng tao,kamakailan lng may nabasa na namman akong i-nambus na labor lider.sigurado wala na nmang mangyayari sa imbestigasyon nito.para sa mga biktima ng ganitong krimen,anong sasabihin natin sa mga kaanak nila?mabuhay ka atty at kay rubberstamps,tama ka/
Pinoy Pa Rin
While nobodies don’t get any justice in the Philippines, affluent criminals get released from jail! Child rapist Jalosjos, for example, should rot in jail. The Philippine government went into a special treaty with Spain specifically for an Osmena grandson found guilty of rape and murder, to be incarcerated in a much better jail in Spain. Those poor Filipino convicts in Spain, eight of them, will have to finish their term in Bilibid Prison in Muntinlupa.
Amy Balliao
For this reason the Philippine Jury Campaign International (UK)
http://www.philjury.com is campaigning for the establishment of Trial by Jury in our Judiciary, this way we will empower the administration of justice to the people and not to one judge who in many ways can easily be manipulated and corrupted by the rich and the powerful. As a democratic country, we are missing the most vital element of democracy, JURY System. Implementing the Jury system as part of our Judiciary by creating a Trial By Jury, can prevent this issue that crippling our legal system. Jury system will provide checks and balances inside our legal system, and Trial by Jury will make sure that justice is serve where justice is due. Thus, PJCI is actively campaigning for the creation of trial by jury in our judiciary. PJCI is leading an initiative act -”signature campaign”, which i encourage every Pilipino to join and support this cause for the betterment of our beloved country. Please visit our website for more information: http://www.PhilJury.com
RubberStamps
are we not expecting too much from the judiciary? based on it’s history, i don’t recall it being able to get the so called big fish, that is politicians, drug lords, smugglers, landgrabbers, illegal loggers, etc. all i remember the judiciary is able to punish are petty criminals. before martial law, filipinos usually take justice in their own hands and for powerful offenders, it is usually extrajudicial justice, or even a clan war. the philippine judiciary still has to establish its reputation.
dreiy
sa iloilo din. After many years the cases of Ka Nilo and Ka Pusa remained in the darkness….
x
Isn’t it INCUMBENT UPON THE STATE to PURSUE A CRIMINAL CASE, EVEN IF THERE ARE NO COMPLAINANTS WHO STEP FORWARD??
I find the statement “The purpose of delay is to wear the enemy down; that or wait for the parties and their witnesses to die, in the meantime, avoid detention for a non-bailable offense” quite disturbing as this is saying to me, a non-lawyer, that the judiciary is INUTILE in enforcing it’s own decisions..
so Atty, Yuvienco, as a person who is working for the Philippine Justice system, are you saying that you too, have lost faith in the institution you are representing??
MoreThanThat
we have to realize that the phil. brand of justice is more intricate than having a judiciary and most of it is extra-judicial. the actual check and balance is comprised of the judiciary against petty criminals, the rebels (NPA’s, Huks, etc.) against hacienderos, vigilantes against drug lords, secret marshals against gangsters, people power against plunderers, ABB against corrupt gov’t officials, home defense against bangsamoro, family vendettas, etc. Marcos illegalized arms before he declared martial law so that no one can claim justice from him. the only reason we don’t have justice right now is that the government is too powerful.
mang godo
These two RAM officers implicated might be free outside of jail but they are prisoners of their conscience and they are bothered.
Thou thy toil be slow, the wheel of justice is rolling until such time that these two will be caught.
As they say, hinay hinay lang, mahuhuli rin yan.
Let us wait for a proper time and their time will come.
No blame, no whining but keep abreast our justice system is working.
Pinoy Pa Rin
Mang Godo!
Do you honestly believe that those two RAM officers are prisoners of their conscience and are bothered? I don’t think so! In their minds, what have they done is justified and part of their patriotic duty.
MoreThanThat
“slowly justice grinds…” precisely the reason why phil. justice is extra-judicial. the judiciary are mere pencil pushing mercenaries, just another bunch of corrupt politicians. there can never be justice until the people pursue justice with the fury of a victim.
MoreThanThat
an effective & efficient justice system is a component of good governance and has a large impact on economy (just look at the pathetic economy). commercial cases disrupt work and businesses. there should be a sense of urgency. lack of resources is not an excuse, trial expenses are paid by the charges on the losing party. most cases are delayed by frivolous stalling tactics, and the longer things are not set right, the bigger the damage on economy & opportunity for corruption. at least there should be a specialization in the judiciary between criminal, political, corruption, civil, and commercial cases.
wonderwoman
Wheel’s of Justice is never present in the Office of the Ombudsman.
I filed a criminal case against Endrdiga, the Chief of City Treasurer of Quezon City on ground of “Usurpation of Authority.”
And when I submitted my Complaint Affidavit on the said office, the receiving clerk in the Office of the Oumbudsman just laught it off because he said, Victor Endriga of City Treasurer’s Office of Quezon City has string of complaints ever since he was assigned as Chief City Treasurer of Pasig, and nothing ever prospered.
My Affidavit Complaint was about a Memorandum he issued dated December 19, 2008 informing its collecting agents to start basing their collection on Business Taxes effective January 2, 2009, on a new and higher Gross Income on Businesses.
Before I filed my complaint, I was unceremoneously stood-up by Mayor Feliciano Belmonte of Quezon City when I asked him the reason for higher Gross Income on Business considering the drop on business taking into consideration the worldwide economic meltdown.
Mayor Feliciano Belmonte completely ignored my inquesition and left the table after making a remark, ” kung hindi mo kayang magbayad nang mataas na Business tax, di, magsara ka!”
For this nasty and impolite remark, I did my own investigation on the reason why their was a swift increase of 15% even if no one was aware, neither was if published in newspaper.
So, I went to their City Secretary, the one incharge of recording all the sessions of the City Hall. They said that they have no record what so ever of any new City Ordinance related to the Memorandum issued coming from the City Treasurers office.
I then went to the City Treasurers Office to confer with Mr. Victor Endriga, but he was not arround. Then, the people in that office advice me to go to their record section, another office, to inquire about the matter. I learned, and documented a certified true Copy that indeed there was no enbling law to support such higher Business Tax for year 2008.
Therefore, I considered the Memorandum and the subsequent increase on Business Tax starting year 2008 as illegal since this function of increasing the tax is the sole duty of the City Councilors and not the City Treasurer.
Consequently, even if I am partyless, even if I have no financial resources, I vy to run as Mayor Candidate of Quezon City on the May 2010 election with just one primary objective, which is to restore decency in the governance of Quezon City.
At this very moment, I am downloading the Summary and Comment of the Comission on Audit related to the financial report of Quezon City from year 2002 up to 2008, which is the latest. I have observe as I have gone to the records of COA how the accounting of Local Government of Quezon City has deliverately tried to mess-up the accounting records, smoe which will never be reconstructed because there was no back-up on the computer printed records. So much anomalies running in to billions of pesos is lost because of this anomalies.
All transmittals from COA is directely address to Mayor Belmonte, therefore, he is aware on what is going on since year 2002, on how his accounting office is making mockery on the accounting records, and also the financial abuses which is happening right at this very moment.
Anyone who would like to confer or validate my claim can email me at samontehe@yahoo.com.
I am just alone in my crusades against corruption in Quezon City. And I need moral support from the concerned citizen or organization who can help me one way or another to go one step farther in my endeavor..
RubberStamps
although i would not concede to the veracity of “WonderWoman’s” allegations, there are details of her narration that’s all-too familiar and i’ve observed personally. it is the inclination of the front-desk personnel to usurp the authority of a judge. in her case, the front desk clerk actually decided on her complaint by outright gainsaying it. the front desk personnel’s job description should be to act as “advocate” for complainants. the defense attorney’s job description is to “advocate” for the defense. we observed her predicament in the case of rape victims in Sulu wherein the police were actually acted as advocates for the rapists. there is a generally impression that the judiciary thinks that if you are serious enough to shoot your adversary, then your complaint is not worth entertaining. if this is how they think, they should at least legalize the right to bear arms and let everyone look after themselves.
RubberStamps
in terms of phil. justice, success breeds failure. the success of the landlord military to silence the homeless dissidents prevents phils. from having a truly just democratic society. case in point is the hacking of email account done by the military. the landlord gov’t policy of annihilation and exclusion removes a necessary check and balance. it also prevents a necessary fine tuning of CARP. principle is the land tiller should enjoy its fruits. events at Luisita showed tillers became lessors. professional farmer and tiller-businessman are ok, but a farmer-landlord(lessor)? unless there are contrary opinions there would never be a just discussion.
MoreThanThat
Only in the phils. is justice a matter of charity and not a right. It translates to propoor platform based on charity instead of empowerment. rice and sardines stand for propoor instead of the poor’s consent. justice is a right that is claimed and not an alm given by the powerful. poverty is evil if not by choice since there are those who make the vow of poverty willingly. in utopia, poverty is of no consequence since leadership is based on integrity and not resources.
Where
Justice is more than felonies and crimes. What’s justice between predator and prey in nature? What’s “equitable” distribution of insufficient wealth without detriment to reward of individual enterprise. How do we prevent the cycle of distribution and accumulation? Majority rule is lynch mob justice like martial law. Perhaps competition is justice. Anti-slavery puts value on labor and not on people as capital. Hence, the workman must enjoy the fruits of his labor, be it physical, or intellectual, but reality is that resource owners reap the benefits of labor. Maybe, resources are the hostage of the few, until such time that a poor man’s sincerity, courage, justice and integrity alone are sufficient agents of change and not violence and regional racism. Justice could be individual hence one man, in theory, can change the world without ever ruling it.
wonderwoman
Don’t you all know? The policy of PGMA thru her hunchmen, Norberto Gonzales, formerly National Security Advicer, and not, of all things, he was promoted as National Defense Chief, is the perpetrator of this mass killings.
Anyone, for that matter, is considered enemy of the State if you criticize PGMA. And Norberto Gonzales is the perpetrator, together with Palparan.
Unfortunately, people, these two stoogiest are now in a better position. Palparan is a Congressman Partylist, favoring arming, again, the ordinary barangay tanods. And for Norberto Gonzales, my gush, Chief of National Defense.
The Alson report regarding Human Rights Violation has confirmed the participation of certain elements in the Military and Police, yet, as long as Norberto Gonzales is around, and also the palace blabber mouth defenders like Cerg Remonde, Lorelie Fajardo, and Ermita, we do not expect much justice.
To this mass murders, all these presidentital spokeperson says is “Wrong perception.”
Rudy
Sana sa darating na Elecyion ay dapat natin iboto ang karapatdapat na President para wala nang nang salvage victim at Disappearance nang mga labor lider.Ang kabataan ang siyang pag-asa nang ating minamahal na bayan.
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