Children Hunger For Justice
Document Title: Children Hunger For Justice
Document Ref No: R9412161
First Published: Reflections - Philippine Daily Inquirer
Publication Date: 16th December 1994
Author's Name: Father Shay Cullen SSC
In San Ildefonso, Bulacan, Hermogenes Magsakay 56, was convicted and sentenced
to five life terms for the repeated rape of his own daughters only 12 and
15 years old.
Judge Camilo Montesa, Jr. deserves greater recognition for having the courage
and wisdom to believe the testimony of the children rather that that of
the adult as is so often the case.
Judges come under intense pressure from the family and friends of the accused
whereas the children have no one to call on as a persuasive advocate for
justice.
Judge Montesa told reporters that he had three more similar cases of incest
pending before his court so by now his strict application of justice must
strike fear into the hearts of incestuous fathers and give hope, relief
and joy to the children and their mother and others who constantly hunger
and thirst for justice.
A good word too for the prosecutor who must know his law especially R.A.
7610 the child protection law.
What the people long for these days are judges who are independent minded,
men of integrity and honesty and have a love of justice that is greater
than the love of money.
In times when some members of the judiciary has been called by the vice-president
"Hoodlums in Robes" and when court decisions are given out to
the highest bidder, men like Justice Camilo Montesa are an inspiration.
May there be many more.
While there are many judges and prosecutors doing justice day by day like
unsung heros there are many others who are corrupt. Not only in the judiciary
but in government and business.
Bringing a complaint of child abuse in Olongapo is like putting a rotten
fish in the prosecutors bed.
Here one prosecutor has been charged with child abuse himself but little
has been done except a closing of ranks. Another prosecutor is known to
have had sex with a minor over a period.
Now a two-a-half year old child sexually lacerated by that 'former' SBMA
guard was able to persuade the prosecutors despite the serious complaint
of the mother, to file a lessor charge of "acts of lasciviousness",
in other words statuary rape reduced to a misdemeanor.
For some it's a mockery of justice .
In another on-going case involving two small boys who were sexually abused
by a foreign paedophile the prosecutors continually delay filing their resolutions
thus frustrating justice and giving the suspect more and more time to reach
and silence the children.
Prosecutors who favor the accused instead of helping the victims are a cancerous
blister on the face of the Philippines. It is because of them that thousands
of poor are denied justice and there is no greater cause of social unrest
and political instability.
There can be no true national development unless there is human development
and that means a fair and efficient juridical system.
In the case of an Australian paedophile presently on trial for the sexual
abuse of two female children in Olongapo the case was, like hundreds of
others, dismissed within an hour by the Olongapo prosecutor.
State prosecutors had be be brought in to fight the case . This week, one
year later, after the second child started giving testimony both children
were abducted. They could be killed for all we know.
They are now the subject of a NBI search .
In this case the defence had continually argued in court that these children
should be taken out of the witness protection programme and the rehabilitation
center where they freely choose to stay. The defense motives can only be
suspect.
The parents of the children are suspected of being in the pay of the accused.
One of parents has a case pending against her for abducting her daughter
and chaining her for days on the floor of their house until she escaped
back to the rehabilitation center.
Paying money to the parents to get their children not to testify against
their abusers is the only way the defense know how to win it seems.
Some of these parents were at first the complaints but later were allowed
to file affidavits of desistance and offered themselves as witnesses for
the defense!
Here it seems testimony is bought and sold like chicken feet in the market.
Then there is the situation of many children held behind bars in the Manila
Rehabilitation Center many who will spend their Christmas there .
In Cagayan de Oro they still jail children. As of this writing Ivan Pagara
Abarquez 15 years old is jailed with hardened criminals and is still in
jail despite a court order ordering his transfer to the DSWD.
Bickering between the police and the DSWD it seems prolongs the youths suffering.
This Christmas people will be filled with the sudden urge to give gifts
to the street urchins, used clothes, tooth brushes and sandwiches and when
their troubled consciences are eased a bit they forget the real plight of
the children until next Christmas.
Children need more than a used T-shirt and a tooth brush, they want their
basic rights and justice.
