CHANGE fiscal-judge rule NOW!

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When the first civilian governor general of the Philippines, William Howard Taft, submitted in the year 1902 his proposal to the United States Congress on how the colonial government of the Philippines should be organized, he stressed the need for Filipinos to have a justice system.

But Taft, regarded by Filipinos then as benevolent that a major street, Taft Avenue in Manila, was named in his honor, adjudged the natives as still lacking in education that he insisted for the creation of a bench trial with prosecutors deciding who should be brought to trial. 

This proposal by Taft that we call “fiscal-judge system” is contrary to the principles of the Jury System of Justice that has been in place in America since it was founded in 1776.

Governor General Taft may be true because he cited statistics that only less than 5% of the Filipinos were literate and most of those who can read and write do so in Spanish language. 

Taft quickly instituted the public education system to prepare the Filipinos for independence and make them ready to govern their own justice system. 

Although without saying, he must have wanted the Filipinos to be mentally prepared to eventually be ready to embrace the Jury System of Justice of American brand. 

He was a visionary that he foretold that in two generations more that education is massively instituted with the initial 2,000 corps of volunteers from America, the Filipinos would be educated enough to govern their own lives and the USA would eventually leave the colony in their own hands.

The dream of Taft for the Filipinos about self-capacity to self-govern came almost five decades later, when the US Congress finally approved on July 4, 1946 its gift of independence for the Philippines.

More than a hundred hence the Filipinos literacy rate is near 100% and they have shown capacity to govern themselves, although the patent of governance has been made ugly by greed and dishonesty. 

But the honest fact is this: Today, nobody among the Philippine natives will accept that they are not educated.  It cannot actually even be said that the Filipinos of today are less intelligent than the Americans of 224 years ago.   For sure, the reasons for Governor Taft's doubts about the Filipino capacity to run the Jury System of Justice no longer exist.

Governor Taft's reliance on a single-judge court to decide the fate of the accused and the prosecutors or fiscals to decide who should be brought to trial ensured the survival of the fiscal-judge system for more than a century now. 

However, despite the eloquence of Taft as the Chief Justice of the US Supreme Court after becoming President of the USA as a sort of a reward for his sterling performance of providing the framework for the then Philippine colony, he failed to see that under the fiscal-judge system there would go along the decadence of justice. 

From its very principled beginning marked by judges overzealous of their principles of fairness and honesty, the justice system has deteriorated to see many fiscals or prosecutors and judges selling decisions or bowing to pressures of powerful politicians like what happened in the most brutal act of "BACKHOE JUSTICE" that is the Ampatuan Massacre.

America has proven to the world the success of its justice system that it has advanced and has sustained itself as the biggest superpower in the world.  

The same justice system has worked so well for 224 years now in its society of Black, White and Colored peoples.  Now, it has achieved the level of unparalleled unity that it has already elected its First Black President in Barack Hussein Obama.  This must be credited to its Jury System that tried its nature best to dispense justice for all:  It consists of the Grand Jury that decides who should be tried in court and the Trial Jury that decides the guilt or innocence of the accused.

Under its justice system, the rich offenders do not have any opportunity to buy out or threaten jurors composing the Grand Jury because they keep secret the names and faces of the members thereof chosen by raffle from among the community and by final screening interviews.   The Trial Jurors are also hidden in a safe house if the case is one posing grave dangers to the lives of the jurors or their families.

Given these brief premises, is it not that it is now time to CHANGE THE FISCAL-JUDGE SYSTEM?


Dyaryo Magdalo

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'selling' of Obama's Senate seat

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          Jury will most certainly acquit those who are innocent even if the entire government is against you as what happened to former Illinois governor Rod Blagojevich who has been accused of selling the Federal Senate seat left vacant when President Barack Hussein Obama won the presidency as the first Black American to become the top official of the United States of America.
          And when the jury acquits, it is one of the happiest moments of life of the acquitted person.  (READ MORE)

Former e-bay CEO for California governor

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Former e-Bay CEO Meg Whitman on the campaign trail for governorship of California. Among her platforms is the establishment of a Grand Jury for corruption, that she dubs: "Grand Jury for Waste, Fraud and Abuse.

Filipinos in California should support Meg to make her dreams for good governance to set an example to the Philippines.

MEG WHITMAN'S PLATFORM:
STATEWIDE GRAND JURY FOR WASTE, FRAUD AND ABUSE


As the state faces a $20 billion budget deficit, Meg Whitman believes our elected and state officials owe it to California taxpayers to systematically prosecute fraud, clean up waste and stop abuse.

Work of county grand juries, Little Hoover Commission, government agencies and the California Taxpayers' Association has identified billions in fraud over the past decade.

As a former CEO, Meg Whitman recognizes that a key factor accounting for the massive overspending and continuing budget deficits is state government's failure to police itself well. Her plan calls for a strategy to attack the problem by streamlining the bureaucracy and ensuring there is an enforcement mechanism.

Meg Whitman has a three-point plan for turning around the old system and finally rooting out the bad practices:

She will propose legislation to create the first California Statewide Grand Jury on Waste, Fraud and Abuse. Just like local grand juries, she will appoint average Californians to serve. This Grand Jury will have the power to issue subpoenas, hand down indictments and turn over criminal and civil cases for prosecution. Both Pennsylvania and Florida use statewide grand juries. The statewide panel would be selected from existing pools of volunteers put together by the 58 county grand juries. The panel would be selected regionally to make sure all parts of California are represented.

There is no statewide Grand Jury today with an important, broad mandate to investigate all state agencies and the programs they deliver. The Grand Jury will ensure that there are civil and criminal consequences for wrongdoing.

She will make the Inspector General a cabinet-level job and give the Inspector real teeth to walk in to any department or agency and investigate how taxpayers' dollars are being spent. The Inspector General will hand over the worst cases for the Grand Jury to investigate, and then to the Attorney General to prosecute.

Currently in the state there are multiple auditing functions spread throughout the bureaucracy. The problem is those auditing functions are disjointed and uncoordinated. A primary function of the statewide Inspector General will be to coordinate and expand audit functions so that finally the Governor will have the ability to see trends, discover problems before they get out of hand and save taxpayer money.
 
She will appoint agency and department heads who have real-world experience in managing budgets, demanding efficiencies and doing more with less. She will use the power of the governor's office, including the line-item veto, to root out waste and mismanagement.

    Please register to be a member

Secretary De Lima ignorant of jury system

Ordinary Pinoys ready to act as judges, ready to decide who to charge in court


Contrary to the opinion of Justice Secretary Leila De Lima, Hukuman ng Mamamayan Movement, Inc. (HMMI) insists that the Filipinos are intelligent and more than mature to embrace the system of justice where it is the people themselves and not the judges who decide the fate of the accused in criminal cases or litigants in civil proceedings.


“Who can say that the Americans who founded the United States of America (USA) in 1776 or 240 years ago are more intelligent that the Filipinos of today?”


“What culture is worse for the success or failure of the jury system of justice than the culture of racial discrimination, yet giving to the people of America the power to judge has shown big success that their country has overcome that insurmountable divide among the Whites, the Blacks and other colored peoples?”


“Who else can be more biased than all-White jury adjudging an accused who is a Blackman?”


“If jury system succeeded in America where the colors of the people are black and white, how much more it will do for the Filipinos where the color is only one: brown?”


These questions were posed by HMMI founding president Berteni “Toto” Cataluña Causing as main arguments against Secretary De Lima who rejected jury justice system for Filipinos although she acknowledged the dilemma constituted by the persistent complaints of the people about the very slow trial of the Ampatuan Massacre, and the injustices and mistrials that have bedeviled the Philippines since 1901.


The Ampatuan Massacre trial is called as the “Trial of the Decade” and it is sure it will take more than a decade for it to be completed.


Most people in the USA, as then a colony of Great Britain, were not schooled formally and their intelligent founding fathers led by Thomas Jefferson proceeded without doubt for the establishment of the jury system as an indispensable pillar of governance.


Majority of the people in the colony were people who did not know how to read and write although they spoke the language of the Kingdom of England.


“Most colony settlers in America were illiterate, particularly the Blacks who were slaves of the white men who even harbored exceedingly deep resentment if the Negroes get justice because their culture believed that these people were not human beings but destined to be slaves who can be punished, traded or encumbered at wishes of White masters. Yet the jury system insisted on by the Seven Founding Fathers of what is now the USA progressed into tearing down the walls of racial discrimination, eventually leading to the election of a Black man, Barrack Obama, as its 44th President,” Causing insisted.


Causing said that it is a manifestation of lack of jury education on the part of De Lima for her to argue that the Filipino culture is not ready for the jury system, a kind of justice scheme where it is the people themselves who decide who should be charged in court and whether an accused is guilty or not.


Causing continued:


“Perhaps, Secretary De Lima does not know that interviews and screening process are to be done on about 100 people chosen by raffle or randomly as probable jurors. She does not know that these procedures of screening and interviews are to ensure that those who would be finally chosen are people who are the most not interested in a case, the most discerning among the laymen, the most clean among those who have no criminal records.


“Perhaps, she does not know that the there are two bodies of jury in the American justice system, which bodies are the Grand Jury and the Trial Jury.


“Perhaps, she does not know that the Grand Jury serves as the one that will have the final say who to be charged in court or not. Perhaps she does not know that the Trial Jury is a separate jury whose duty is to determine the facts and not the law so that they need not be a lawyer.


“Perhaps, she does not know that the judges in courts act as the presiding officer in a jury trial and that these judges shall give instructions to the jurors and educate them as to what to know and how to know as to the questions of what really happened.


“Perhaps, Secretary De Lima does not know that the names and faces of the members of the grand jury shall be hidden from the public while they serve for six months, that this is to ensure that they act with courage and independence to decide whether to bring to court persons according to whether the evidence presented can stand a case in court or not.


“As if all she knows is the loose meaning of ‘probable cause’ that has been abused by corrupted prosecutors even if they know they do not have enough evidence to support their case.


“Perhaps, Secretary De Lima does not know that the trial jurors are not identified to the public but that they are given only numbers as identification system.


“Perhaps, Secretary De Lima does not mind the more than a century of history that even if the President is sincere and honest it is too hard for the victims of the rich and famous to get justice. That is despite her admission of her resignation to fate that the present fiscal-judge system is rotten.


“This argument of De Lima is, nevertheless, a welcome development to our advocacy to insist on establishing the jury justice system in the Philippines.


“De Lima’s argument opens the door to a great debate whether jury system can end the perennial mistrial, perennial justice for sale, perennial injustice, and perennial trial of the decade that takes more than a decade to complete.”

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