As a student of law at the Ateneo de Manila University, a former teacher of the Department of Political Science and a member of media, I note that much has been said and discussed about one of the cornerstones of the Constitution, namely the right to due process of law that is found in Article 3 sec 1.
This provision states: “No person shall be deprived of his life, liberty and property without due process of law.” But what in layman’s terms is due process of law?
In the Miriam-Webster dictionary, due process is defined as “one that hears before it condemns.” Simply put, no one can be convicted without hearing the side of the accused.
But with the forthcoming administration of President-elect Rodrigo Duterte, it has been publicly announced that he will go after illegal drug lords and traders. He has offered cash bounties to those who would be able to kill a drug lord.
Many people welcomed this and in fact are celebrating it. Why are they so happy with this development? What is wrong with the existing justice system in our country?
Public perception is that the system is broken because it failed to deter the commission of crimes.
In the case of the illegal drug trade, there are just as many victims as there are perpetrators who continue to ply their lucrative business. These drug dealers have also found protection from crooked police and politicians.
Narco politics is already in our midst unfortunately. But things are changing and the latest suspected drug dealer to fall by the wayside was Jeffrey “Jaguar” Diaz of barangay Duljo Fatima.
Prior to his death at the hands of pursuing Cebu policemen, Jaguar expressed his desire to change his ways in a radio interview.
It was said that he wanted to reveal his protectors in government and the police, but his death means that his secrets died with him.
This is the downside of the absence or failure of due process. But I do understand the zealousness of the police in running after and eliminating the suspected drug lords in our country.
They are motivated not just by the support for their campaign but also the cash bounty as reward for their efforts.
But like all systems and practices, the cash bounty system may be prone to abuses and may spiral out of control. We may create a monster in the process, create a problem to solve another problem.
The time would come that innocent people would become victims of this vigilantism and I am pretty sure eventually that the people are going to protest against this practice.
Due process supposedly gives the accused the opportunity to explain his side as well as a second chance to reform and become a better person. Vigilantism stops him from doing this.
Every democratic and civilized country observes, embraces and cherishes the due process principle.
Today in our country we are shifting our advocacy to eliminate the menace in our community by short-cutting our justice system.
Initially our freedom-loving people will welcome this change in going after criminals. For them there is no justice in our country since illegal drug traders are left unchecked and plying their trade with impunity.
In voting for Duterte, the Filipinos think they have seen the light at the end of the tunnel, but is he really the answer to their woes? Time will tell if he does deliver on his promises.
Personally, I think the new administration should fix our justice system by eliminating the paid hacks or corrupt members of the five pillars of our justice system.
That includes cleaning the ranks of our police of protectors of illegal drug dealers and running after politicians on the take because they are responsible for the proliferation of the illegal drug trade in our beloved country.
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