From the desk of a poor-man's lawyer (Season 9)
Behind me is Bacolod City's New Government Center.
***
On my ninth year as a
poor-man's lawyer, I fancy a scenario that the senate will call on me
to testify in aid of legislation. Well, they often do that, don't
they? So to prepare for the ocassion, I listed some important points
that I believe I should throw at our senators when the time comes. If
ever it won't come, I can gladly forward it at once to them.
1.
Allotment for support from OFWs should be compulsory. Contracts with
foreign employers should contain provision on sending the required
allotment to the legal family and/or illegitimate children who have
court order of support or even just a notarized agreement on support.
POEA and OWWA should be given the enforcement roles on this aspect.
2. An
accused in jail for more than 5 years should be given compensation
regardless of the exceptions in the speedy trial law. This will alert
the prosecution as to their roles in securing their witnesses and the
supreme court in providing judges to courts needing them.
3.
Resolving prosecutors should be different from trial prosecutors. The
filing of the case with the prosecutor's office should not stop the
running of the prescriptive period of the crime or offense so that
the resolving prosecutors will have the duty to resolve them within a
month rather than years. Imagine that a respondent in a case has to
wait for two to four years for him to know whether a case against him
is filed or not.
4. Legal
processes in far flung areas should be managed by a legal process
server attached with the nearest court of the area or a nearest post
office inorder to ensure receipt by party litigants of their notices.
5. Each
police precinct should have a lawyer. A lawyer can guide police
officers in law enforcement and in proper procedural compliance in
enforcing search warrants, warrant of arrest and even warrantless
arrests as well as in taking judicial affidavits.
6.
Mediation proceedings should not be limited to light offenses. It is
high time to adopt some court-approved restorative justice system
from light offenses to heinous ones. Sometimes, forgiveness and
reconciliation are more powerful in restoring peace than a judgment
based on available evidence.
7.
Divorce law is needed. No need to file administration of property,
judicial decration of presumptive deaths of spouses, legal
separation, declation of nullity based on article 36 of the Family
Code and narrate therein all of the unfair statements that can be
attributed to another spouse. The world has divorce laws and
Filipinos need to go through expensive local court procedure to be
able to be freed from the marriage contract already nullified by the
country of his/her foreign or foreign-naturalized spouse.
8.
Alcoholic drinks should be taxed more. I bet that if a survey is
done, 85% of criminal cases consisting of Rape, Murder, homicide,
physical injuries, malicious mischief, alarms and scandals in our
courts are results of after-having-too-much alcohol. Come to think
of this: less alcohol consumption will result to less crimes which
will lessen criminal lawyers, less alcohol will lessen
alcohol-related diseases and a healthy workforce means healthy
economy.
9.
Judicial affidavits should be mandatory for all prosecution witnesses
regardless of gravity of crime or offense. This is consistent with
the right of the accused to be informed of the accusation and
evidence against him. It can remain optional for the accused.
10. Our
jail system should be geared towards education, skills and
productivity and restorative justice.
*After reading it now, I realized that there are suggestions that should go to the Supreme Court rather that our legislators! LOL my apologies. 2/11/15
*After reading it now, I realized that there are suggestions that should go to the Supreme Court rather that our legislators! LOL my apologies. 2/11/15
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