WINDOW THROUGH WHICH WE LOOK

WINDOW THROUGH WHICH WE LOOK 

A young couple moved into a new neighborhood.

The next morning while they were eating breakfast, the young woman watched her neighbor hanging wash outside. "That laundry is not very clean," she said, "She doesn't know how to wash correctly. Perhaps she needs better laundry soap." 

Her husband looked on, but remained silent. 

Every time her neighbor would hang her wash to dry, the young woman would
make the same comments. 

About one month later, the woman was surprised to see a nice clean wash on
the line and said to her husband,

"Look, she has learned how to wash correctly .  I wonder who taught her this." 

The husband said, "I got up early this morning and cleaned our windows." 

And so it is with life. What we see when watching others may depend on the
purity of the window through which we look. 

-- Author Unknown 

MESSAGE TO THE PHILIPPINE GROUP OF LAW LIBRARIANS

MESSAGE TO THE PHILIPPINE GROUP OF LAW LIBRARIANS

BY JUDGE RAY ALAN T. DRILON, EXECUTIVE JUDGE, RTC BACOLOD CITY.

I would like to congratulate the Executive Board of the Philippine Group of Law Librarians ably chaired by Madam Milagros Santos- Ong  its President, for gathering this dedicated group of Law Librarians in this  seminar on breaking the technological barriers in the  library with particular reference to use and access to information. It is an honor  to be with you this morning.  As I read your theme I am a bit worried about what to say to you. Librarians have always been my tormentors during my school days. I used to spend a great deal of time in the university library where I often stood out as  one of the noisiest in the bunch of young upstarts striving for legal education. I recall pretty well the familiar bell of Prof. Myrna Feliciano then the Chief Librarian of the U.P. Law  Center, which she would viciously bang  to subdue our noisy arguments. She would even go to the extent of chasing us out of the library. Those were the days when research was arduous, difficult and taxing. Those were the days of jockeying for index cards, and getting to the library before it opened first hour in the morning in order to be rewarded with the only volume of the book which others covet. 

Times have changed. Your theme is indeed appropriate. But as to why you chose Bacolod City as the venue of your seminar workshop  I could only guess that this has nothing to do with the skills of our local librarians, but perhaps more on their hospitality.

The dawn of the Electronic Age has to a large extent changed the feature of the  libraries all over the world. Library technology could now move  and extend  the entire library repository beyond its four walls via computer networks to put information resources into the hands of  the reader and researcher. With the availability of  search engines via the internet,  it seems that the best place to acquire  information may no longer be within the silent walls of the traditional library and it seems that the stern librarians whom we dread are bound to disappear. But I believe that the Librarian of old has not been discarded. The Librarian has not been discarded in the garbage bin much less  deleted. He or she has evolved, as a new specialist.

The Librarian might be referred to now  as a Knowledge Management Technologist.   The management of information has long been regarded as the domain of librarians and libraries. Librarians and information professionals are trained to be experts in information searching, selecting, acquiring, organizing, preserving, repackaging, disseminating, and serving. However, professionals in information technology and systems have also regarded information management as their domain because of the recent advances in information technology and systems which drive and support information management.

One of the clearest evidences of this is that the positions of “Chief Information Officer” (CIO) in many organizations are generally held by information technologists instead of librarians. In fact, most of the work of CIOs has to do with developing and managing the IT infrastructure and systems, not the managing of information per se.

With the growing interest in knowledge management, many questions have been raised in the minds of librarians regarding: the difference between information and knowledge; between information management and knowledge management; who should be in charge of information and knowledge management; would librarians and information professionals with appropriate education and training in library and information science be most suitable for the position of “Chief Knowledge Officer” (CKO) in their organizations; and what libraries can do in implementing knowledge management.

What then would be the role of the Librarian in the present age of Information Technology.  Would the Librarian be akin to a data bank who would simply churn out data or information at one’s bidding? Or would the Librarian be one who could organize,  systematize, and synthesize data or information, expressed in a coherent or rational idea.

There is a school of thought which espouses the view that the modern day Librarian is  the specialist in “knowledge management” distinct from the so called IT specialist. Using this as our premise there is a need to distinguish knowledge from information.   Daniel Bell defines knowledge as “a set of organized statements of facts or ideas, presenting a reasoned judgment or an experimental result, which is transmitted to others through some communication medium in some systematic form.” On the other hand,  Marc Porat defines  information as “data that has been organized and communicated.”

Both concepts appear interrelated since each is an element of the other.  Stephen Abram has an interesting way of explaining the concepts of knowledge and information. He sees the process for knowledge creation as starting out with the data and the data transforms into information and information transforms into knowledge. He concludes that knowledge drives and underpins behaviour and decision making. 

According to  Jay Liebowitz, “ knowledge management, therefore, deals with creating, securing, capturing, coordinating, combining, retrieving, and distributing knowledge. The idea is to create a knowledge sharing environment whereby sharing knowledge is power as opposed to the old adage that, simply, says knowledge is power.”

In this digital age, libraries should  undergo radical transformation. Libraries as  learning  centers, be they public, private, academic and research libraries, should expand the access to knowledge and not simply dish out chaotic data and information. This is a challenge to our librarians.  The rise of digitized information is an opportunity to elevate the role of librarian and leads to the emergence of a new breed of librarian. The Cyberspace Librarian. In this exploding universe of  information our librarians face enormous challenges.

Librarians must become proficient in the use of the new technologies to promote them and instruct library users students, teachers, researchers and professionals, in their use. The librarian acts as a resource person and even as an authoritative consultant in the process of research. 

The familiarization with new gadgets and methodology of locating information for vast majority of population requires guides and librarians can easily fit into this role with training. The leveraging of the available information to suit the needs of the clientele is also best done by the librarians. The task of distilling information from a universe of data is better addressed by the librarian. The traditional, time-honored methods of cataloging and classification should be enhanced to handle the increasing number of books, journals, publications and documents, and deal with the almost infinite amount of digital information in large electronic databases and on the Internet. The information explosion has created far more information than one school library could possibly contain. The librarian is responsible for locating, acquiring, disseminating and tracking information resources of many types. This job might include database searching, interlibrary loans, monitoring Internet newsgroups, or maintenance of a computerized library information system.

Let me close by relating to you a lament by one observer who said that   the   Internet and World Wide Web is completely chaotic and people waste much time in fruitless search for the precise information they need. The rapid growth of unstructured data on the Internet and World Wide Web has created significant problems related to the efficiency and accuracy of information retrieval. Intelligent agents in the person of the Librarian is truly the professional capable of untangling this mess.

I am positive that your three days seminar workshop would be fruitful and illuminating.

Welcome and again congratulations to all of you.

God Bless You.

THE BEAUTY OF CHECKS AND BALANCE: IMPEACHMENT

THE BEAUTY OF CHECKS AND BALANCE: IMPEACHMENT

When the Supreme Court gave due course to the petition of the sitting Ombudsman Merceditas Gutierrez, to restrain the House of Representatives from carrying out an impeachment proceeding against her, there were members of the House who criticized the High Court for intruding on a matter viewed  to be exclusively political, and essentially the domain of the political branch of government. In a limited sense this is correct.

The power to impeach an impeachable officer like the Ombudsman is granted by the Constitution  to Congress. The Ombudsman can only be removed from office by the process of impeachment. Incidentally, the same holds true with respect  to the highest official, the President, and the Justices of the Supreme Court,  who like the Ombudsman are themselves impeachable officers.

Impeachment is basically an exercise of political power and not judicial, because those who sit in judgment are the Senators who belong to the legislative branch of government. The principle of separation of powers between the three major branches of government, namely the executive, legislative and judicial is the underlying logic. The delineation drawn by the Constitution between the political branches of government, on the one hand, and the judicial branch on the other,  is the parameter which guides the exercise of power by  the separate branches of government, operating under the fascinating checks and balance principle.

To the mind of some members of the House of Representatives, taking the hard-line stand, the Supreme Court cannot interfere in the impeachment process undertaken by the Lower House because impeachment is the exclusive domain of Congress and therefore a political question not judicial. There were some who even pushed for open defiance of the status quo order of the High Court,  if only to dramatize the point. To the acute observer the move could have led to a constitutional crisis, where two major branches of government collide.  But this is only taking the short view.

From the side of The Supreme Court there is no question that the Court has the constitutional   mandate not only to  decide the constitutionality of a law, but to inquire into the   constitutional propriety of the exercise of power by the political branches of government.  It is ultimately the court which could decide whether a particular issue is  judicial or political, since the court is the guardian of the Constitution. It is not for Congress or for some congressmen  to determine whether a particular issue is judicial or political. Only the court can. There is no question that the impeachment power is vested upon Congress. There is likewise no question that The Senate as an impeachment court is the judge in impeachment cases and its  judgment could neither be reviewed, interfered with,  nor set aside by the court.  There are however specific grounds prescribed by the Constitution to warrant impeachment like culpable violation of the Constitution, treason, bribery, graft and corruption, betrayal of public trust or other high crimes.   

The Supreme Court entertained the petition of  Ombudsman Gutierrez,  since she raised genuine constitutional issues, particularly the constitutional ban on more than one impeachment proceedings within the year. Here the High Court did not intrude into the sanctity of Congress’s domain. The High Court was exercising its judicial power to inquire, whether or not,  the manner in which the impeachment proceedings was initiated, violated the provisions of the Constitution. By assuming jurisdiction, the Supreme Court does not  assert  supremacy over Congress, but only performs its constitutional duty to uphold the supremacy of the Constitution.   

Eventually the court decided that the Lower House could proceed with the impeachment process  since there was no violation of the Constitution. It was a close vote of 7-5-2 against the Ombudsman’s petition.  To me this is the beauty constitutional democracy. The interplay of checks and balance of power. 

THE PARABLE OF THE OVERSEAS WORKER

THE PARABLE OF THE OVERSEAS WORKER

Not too many years ago there was a man who tried his luck in a foreign land as overseas contract worker. He worked in the Middle East and saved everything he got hoping to realize his dream  of having a comfortable life for his family.

The day came when he completed  his employment contract. He was very excited to come home. He finally stepped out of the Ninoy Aquino International Airport and hailed a taxi cab to take him to the house of his relative in Manila where he planned to spend the night and take his flight to Iloilo the following day. His pocket was literally bulging with cash.

The cab driver who turned out to be a crook,  knew  he was a probinsyano from abroad because of his Visayan accent. The driver robbed him of his valuables and cash and dumped him on the unfamiliar streets of the confusing Manila metropolis.

With his money gone, he walked the streets with heavy steps. Then along came a street dog snarling and  chasing him. In desperation he threw stones at the dog, not so much to scare the dog away but to vent his ire, not knowing that the neighborhood tough guy who owned the dog was watching him.

This time the whole band of neighborhood thugs ganged up on him because they accused him of being cruel to the dog. Injured he managed to get away and entered the nearest house where out of desperation he took  a child hostage. Police authorities were called. This poor miserable man finally gave up, a victim of a string of bad luck. He ended up in jail. The ABS CBN news crew interviewed him and he recounted his string of bad luck. He appealed to the President to bail him out of this mess.

What happened to this poor man may be hard luck or bad luck. But the message is clear. We live in a world where evil and unrighteousness abound. Man’s depravity is real.

More than any other the injustice and impartiality of life leads us to cynicism. The world is dark with the grievances of men who according to the world’s standards should have had a better deal.

The good as well as the evil are prone to grief. Those closest to God are not exempt. Many of the most faithful have no surcease from trials. This wrongness in life is very real.

Despite  these, it is comforting to know that the Christian faith centers on Christ the God of all Comfort, who took upon Himself the worst of man’s wickedness,  looked even death squarely in the eye and conquered it. A Christian can face  life when it seems most meaningless,  look at it squarely in the face claiming Christ’s victory and redemption.

Jesus Christ has a standing invitation which he proclaimed two thousand years ago and this offer is still good up to this day:

“Come to me all you who are weary and burdened and I will give you rest. Take my yoke upon you and learn from me for I am gentle and humble in heart and you will find rest for you souls. For my yoke is easy and my burden is light. (Matthew 11:28-30.)

The biblical outlook is certainly far more optimistic than anything politics, psychology or science can provide.

Scottish Minister Bruce Milne wrote: “God’s providence is a profound comfort. He who is involved in the life cycle of the sparrow is profoundly involved in the life and circumstances of those whom He has made the special objects of His love hence we can live with confidence even in the face of such difficulties assured that as the Fatherly providence of God has permitted these things, for our good and His glory, so He will sustain us and watch over us in the face of them. We accept life as from him and we live life for his glory believing that in all things we are in His hands.”

In this earthly life joy and sorrow is real. The Lebanese Christian mystic Kahlil Gibran said that the eyes that can sparkle with joy are the same eyes often bathe in tears.

Jesus wept at the grave of His friend Lazarus. He wept in the garden of Gethsemane feeling completely alone as He knelt in prayer pouring out His agony. The greatest among us as much as the lowest among us have moments of darkness. But as Christians we have been promised to withstand. We do not say faith offers quick cures for suffering and trouble. We only say that in Christ there is new life, new strength to weather the adversities as they come.

MESSAGE TO THE INTEGRATED BAR GROUNDBREAKING RITES

MESSAGE DELIVERED ON THE OCCASION 0F THE GROUNDBREAKING CEREMONY FOR THE CONSTRUCTION OF SCENIC ELEVATOR IN THE HALL OF JUSTICE. JANUARY 23, 2009, IN BACOLOD CITY

                                    by Judge Ray Alan T. Drilon

                                    Hold- Over Executive Judge

                                          RTC, Bacolod City

The Honorable Senator Francis Escudero

The Honorable Governor of the Province of Occidental Negros,  Esidro Zayco

The Distinguished President of the Integrated Bar of the Philippines, Negros Occidental Chapter, Atty. Rodolfo A. Parreno

The Distinguished Officers and Directors of the IBP Negros Occ. Chapter, Atty. Gina Mirano-Jesena,  Atty. Ma. Corazon Katalbas, Atty. Jovim Entila, Atty. Pacifico Maghari, Atty. Andres Hagad, Atty. Jan Athony Saril, Atty. Arnel Lapore, Atty. Andrew Pandan, Atty. Maphilindo Polvora, and Atty. Ernesto Pilla.

The Honorable Judges of the Regional Trial Court and the Municipal Trial Court

The Honorable City and Provincial Prosecutors

The Heads of Offices

My fellow workers in government, honored guests,

Good Morning!

            I consider it an honor to be part of this special but simple ceremony, which is another milestone in the history of our Hall of Justice Edifice, the ground-breaking for the construction of a Scenic Elevator. This could not have happened without the determined and untiring efforts of the Local IBP Chapter under the able leadership of Senior Lawyer Rodolfo A. Parreno.

            Our Hall of Justice is a three storey building, built in 1995, fourteen years ago, under the auspices of the Department of Justice then Headed by former Senate President Franklin Drilon, when he was Justice Secretary. I remember pretty well attending the inauguration of this building, but I did not imagine that I would later sit as one of the Judges in this building.  Our Hall of Justice had seen better days. It is refreshing that today something new is going to happen, and something good is on the way.  A new feature would be added to this edifice, a  scenic elevator. This modest infrastructure is not  to showcase how good and generous our benefactors are, although no doubt they are, but to meet a long felt need. Our IBP chapter President said that we need to address the needs of our court-users, senior citizens, the weak,  the infirm,  and the handicapped who had  to struggle scaling the second and third levels of the building. To the local chapter of the IBP, we the residents of this building truly appreciate your concern.

            Having said this,  I would like to welcome our special guests, the Hon. Francis Escudero, an outstanding Senator of this country, and the Hon. Isidro Zayco, our beloved Governor,  whose invaluable support, provided for the funds in this project.  Senator Chiz Escudero, our youthful solon, and one of the most articulate politicians to ever grace the halls of the Senate,   now chairs the Senate committee on justice.  We are glad that he has committed himself to this seemingly, low profile project, but a real big deal for us here. Thank you for sharing your time with us. The Honorable Governor Isidro Zayco, like his predecessor the late Governor Joseph Maranon, has always been supportive of the Judiciary in this province. The provincial government is indeed a vital partner in our court system, in this part of the country. Thank you for sharing your time with us.

            William Wardsworth Longfellow once wrote, “ Lives of great men all remind us, we can make our lives sublime, and departing leave behind us footprints in the sands of time.”     

            To me there is a far deeper meaning in building things, whether they be big or small, like the elevator which we hope to use after its completion. I view this as a great achievement because a little footprint has been impressed in the sands of time. This may not last forever but a new stone has been laid upon the old cornerstone, which others, ahead of us, had built and contributed, without which we would not be where we are now.

            To the IBP, officers, and to our honorable guests,  truly with God's help, what you have conceived  is about to bear fruit.

            Thank you very much.

MESSAGE TO THE CITY POLICE DEPARTMENT

Message delivered by JUDGE RAY ALAN T. DRILON, Executive Judge RTC, on the 19^th Anniversary of the Bacolod City PNP, February 22,2010. Published in the Negros Daily Bulletin.

I am honored to be invited to this momentous occasion, the 19^th Anniversary of the Bacolod City Philippine National Police. I am especially delighted to join the men and women who compose our Police Force, under the capable and competent leadership of Police Senior Superintendent Celestino Guarra,

The Philippine National Police, is an indispensable organization which is at the forefront of law enforcement. Given the magnitude of the problems and challenges facing our law enforcers today, the PNP has the onerous responsibility of  promoting law and order in our society. The PNP has to reposition itself for efficient and effective  functionality being the strong arm of the civil government. There can be no disagreement to the proposition  that economic growth and national development can  be sustainable only  in an environment of enduring peace, stability, security, and the supremacy of the rule of law. This requires the strengthening of our law enforcement and justice system. This also underscores the profundity of the task with which the Local Government and the people of Bacolod  are charging you today.

Your theme in this celebration is Transformation. Indeed it is necessary to transform  the PNP into a respected and excellent police organization. Some of our policemen, like some of our politicians have been maligned, criticized, and denounced for corruption and incompetence. There is a need to transform this image. 

Daunting as the task of transforming the PNP, may appear to be, I am confident that you will  fully commit to working and serving selflessly and diligently and rise up to the challenge. You will not be working alone in this task of transformation. You need the support not only of the government but of the community as well.

I believe that in the process of transformation the PNP should establish its goals and objectives along with the high standard of honesty and integrity.  Policemen should never break the law in order to enforce the law. No officer is justified in breaking the law on the grounds of expediency. Police officers should always act within the bounds of the law. Crime fighting and reduction techniques should be used by following the standard protocol and rules of engagement.

The primary goal of the  Police Department is to maintain social order within prescribed ethical and constitutional limits. It is the goal of every Police organization to provide the citizens police services  at a level of quality which will instill high public confidence and maintain the trust and support of the community. Protection of life and liberty, crime prevention, impartial enforcement of the law, efficient investigation of crime, diligent prosecution of the offender and promoting the positive image of the policeman are the hall marks of an excellent police force.  To attain this goal, the Department's role is to enforce the law in a fair and impartial manner, recognizing both the statutory and judicial limitations of police authority and the constitutional rights of all persons.   The basic and major tasks of a police organization are:  Protection of Life and Property; Prevention, Detection and Investigation of Criminal Activity; Apprehension of Offenders and Assistance in Criminal Prosecution; Maintaining Ethical Standards; Traffic and Crowd Control; Training of Officers; Fighting Terrorism; and Community Service.

While the Judiciary is tasked with the administration of criminal justice, the successful prosecution of the offenders, brought before the courts, rests upon the efficiency and dedication of the police force  in solving crimes, in partnership with  the  prosecution arm of the government. After all the task of solving crimes and gathering of evidence is the domain of the police department and the building up of evidence in criminal prosecution rests upon the public prosecutors. Faulty crime detection or crime scene investigation will mean a weak case for the prosecution. Criminal cases are lost because of poor police work.

I believe that this is a continuing challenge. There is again a need to revisit the basics of crime scene  investigation from initial response, preliminary documentation and evaluation of the scene, and processing and recording. We need to develop and update knowledge, skills, and expertise through training and use of modern facilities. Actions taken at the outset of an investigation can play a pivotal role in the resolution of the case. Careful, thorough investigation is the key to ensure that potential physical evidence is not tainted or compromised or potential witnesses overlooked.

I would like also to relay the observation that our city is a growing city in terms of population and economic growth. The burgeoning of commercial districts calls for quick response teams, foot-beat police visibility in densely populated barangays, commercial areas, dark alleys and city strips. I am glad that the Bacolod  PNP   has already in place  neighborhood watch programs fully supported by our civic minded citizens.

Lastly, let me also mention the increasing problems of juvenile crime, domestic violence, Fraud Con Game rackets, and sexual assaults, which continue to bedevil our society. With respect to youth crime there is a need  to develop Youth Intervention Program. With respect to domestic and family violence, we have the Women and Children' Desk of the PNP, which deals with this complex problem, but there is still the need to educate our police officers in processing CICL upon initial contact following the provisions of RA 9344. The threat of terrorist attack and other acts of lawlessness is real and a growing security concern.

We live in interesting times. Soon our police organization will be confronted with the complexity of living in the fast lane of cyberage. It is not remote that Cyber-crime and technology related crime will appear as  new phenomenon which will certainly call for a  kind professional policeman, different from the type of policeman we have now.    

In closing, let may say that the good people of this City know that their police officers are being asked to do more with less – more work time but less pay, fewer resources, inadequate logistics, and an over-extended  workforce.  We are going through tough economic times and the people know your workload. I hope that whoever will be the Mayor of this City, after the elections in May, you will continue  to do all you can to work with our city leaders to maintain the strength of the Police Department.  I encourage each and every one of you to make it your priority to maintain your professionalism as law enforcement officers. It has been said that the law enforcement profession  is the only important profession in which process is always more important than results.  No one cares how a surgeon saves a life as long as the operation is a success.  In police business we must zealously guard the way we complete our tasks in order to maintain the most important asset of the organization, our credibility.

Distinguished Ladies and Gentlemen, Happy 19^th Anniversary, and may the Almighty Bless you, as we hope for enduring peace, security, stability, and progress.

Thank you.

SUICIDE A PHILOSOPHICAL ACT

SUICIDE A PHILOSOPHICAL ACT

The suicide of Gen. Angelo Reyes is a sad spectacle  drawing a lot of speculation. Worst, however, are the unkind words which should have been better left unsaid, whatever, his faults may be, for maligning the dead is downright irreverent.

We cannot fathom the thoughts and feelings of a man who has come to the final deliberation  of ending his life. Our hearts can only go out for him.

In a sense  the act of suicide is philosophical, for it is an exercise of freedom, to painfully release one’s self from one’s existence. It is the final act of  rejection  of one’s essence and existence, perhaps caused by hopelessness, meaninglessness or  despair.

The  Philosopher John Stuart Mill once wrote that as a free moral agent man has been given the freedom of choice and the freedom to make further choices. For Mill any choice that one might make that would deprive him of the ability to make further choices as in killing  himself, subverts the very foundation of this human freedom. To J.S. Mill,   man’s freedom  does not mean that he should be free not to be free.  It is not freedom, to be allowed to obliterate his freedom.

The great G.K. Chesterton has even a sharper observation. He considers suicide as the ultimate act of wiping out humanity’s existence.

The French Existentialist Philosopher Albert Camus  thinks along the same line. He offers the view that suicide is the rejection of freedom and life itself, which, though life is perceived to be meaningless, and absurd, should be embraced to the bitter end.

On the other hand the Liberal Humanist position asserts that a person’s life is his own and no one can force his own ideal of that life upon another. Jean Amery defends the suicidal mind. He believes  that suicide represents the ultimate freedom of humanity. To drive home the point Amery killed himself in 1978.  For Herodotus , “When life is so burdensome, death has become for man a sought-after refuge".

None of these thoughts are reassuring to the desperate suicidal soul who suffers.

 I am partial to the Christian view.

The Bible records the suicide of six Biblical personages. The most well known is that of Judas Escariot  the one who betrayed Jesus which is found in Matthew. In the old Testament  King Saul plunged his body  on his sword impaling himself instead of surrendering to the Philistines who had defeated his army. The most heroic suicide was that of Samson found in  the Book of Judges. Samson who was robbed of his strength and blinded by the Philistines, in the last act of revenge  prayed: "Please God, give me back my strength just this one time more, so that I can get even with the Philistines for making me blind." He then pushed against the pillars supporting the temple of the god Dagon and shouted. "Let me die with the Philistines!"

The pagan temple collapsed and Samson perished, along with his   enemies.

The biblical writers offered no commentary either condemning or commending  the men who died by their own hands. Perhaps we can speculate that  it was inevitable for Samson, Saul and Judas to respond to the difficult   situations they had found themselves  by committing suicide. It is hard to make a moral judgment on this ethical problem.

It is my conviction that Christ is our only hope. He is the way the truth and the life.  Nothing can separate a Christian from God’s love (Romans 8:38-39). If no “created thing” can separate a Christian from God’s love, and even a Christian who commits suicide is a “created thing,” then not even suicide can separate a Christian from God’s love. Let me qualify this affirmation by saying that a committed Christian is unlikely to commit self annihilation, because he has the living hope in  Christ. He can trust that the Author and Giver of life is faithful to his promises. He gives and He takes away Blessed be His name.

MESSAGE TO THE MEDIATORS, JURIS PROJECT CLOSURE

WELCOME ADDRESS CLOSURE PROGRAM

OF JURIS PROJECT

By: Hon. Ray Alan T. Drilon, Executive Judge

RTC, Bacolod City.

                     

Good evening ladies and gentlemen. On behalf of the Magistrates of the first and second level courts of this City and province I would like to thank you for your kindness in coming  to this occasion, even at such very short  notice.

Let me congratulate each and everyone who has been  actively involved in the pioneering endeavor to institutionalize the practice of Mediation as an Alternative Mode of Dispute Resolution, within the framework of our court system.

Mediation as a form of resolving conflicts, is not something new or unfamiliar to our system, although largely unexploited.  As a form of alternative dispute resolution (ADR), mediation  aims to assist two (or more) disputants in reaching an agreement. Whether an agreement results  or not, and whatever the content of that agreement, if any, the parties themselves determine the outcome — rather than accepting something imposed by a third party. Mediation works purely facilitatively: the practitioner has no advisory role. Instead, a mediator seeks to help parties to develop a shared understanding of the conflict and to work toward building a practical and lasting resolution.

A most significant step in using mediation to resolve  conflicts was the institution of the Barangay Conciliation  where parties to a conflict, in particular cases, could not directly bring to court their disputes, without first submitting to the process of Barangay conciliation. This was the brain-child of Professor Alfredo Tadiar, of the University of the Philippines, College of Law, which found its way in the statute books, now known as the  Katarungan Pambarangay Law.  May I also add that in the resolution of labor disputes,  in organized establishments,  mediation and conciliation is well entrenched. 

But despite our familiarity with mediation as a mode of resolving conflicts, I dare say that we were treading on uncharted waters when the program introduced us to the novel concept of the Judge himself acting as mediator, conciliator, and early neutral evaluator. The Judge who is supposed to be impartial until he finally decides the case, now assumes the role of an evaluator acting as a neutral person, to assess the strengths and weaknesses of each of the parties   so that parties gain awareness (via independent evaluation) of the merits of their case.

 Looking back at the time when the  idea of involving the Judges in the Court Annexed Mediation Program, and  in the Judicial Dispute Resolution program,  was first introduced to the Judges in Bacolod City, which incidentally was selected as one of the ten pilot areas to dry run the project, only because of the very strong lobby of Justice Bernard Ponferrada,  most of  us Judges were highly skeptical if  it could work.  

Under the auspices of the Justice Reforms Initiatives Support (JURIS), the Philippine Judicial Academy in partnership with the National Judicial Institute of Canada (NJI), our Judges, Clerks of Court, Mediators, and  Lawyers, admittedly the  vital stakeholders in the mediation process,   underwent an intensive orientation and mediation training program.

After the training, the project implementors pilot- tested the court annexed mediation and judicial settlement conferences, in the model court sites, with the end in view of institutionalizing and integrating the ADR mechanism, both CAM and JDR, in the court system.  Local Mediation Centers were set up in the pilot areas, to facilitate  the mediation of  mediatable  cases.

We have seen how the  conceptual formulation of the program played out and unfolded in the actual cases, and practice, which called for a lot of refinement.  That was five years ago.

I can fairly say now, and perhaps with a little caution, that mediation actually works,  because Filipinos,  by nature and temperament, are  negotiators, and  conciliators, resorting easily to the culture of “pakikiusap,” “pakikisama”, or “pakiayos” or “pakilakad”  or to us Ilonggos, “ areglohanay”. I can fairly say now that mediation actually works  because it contributed  to the decongestion of our court dockets, most significantly, in the first level courts, as shown by the success rate in their performance. I can fairly say that mediation works because our pool of mediators are highly dedicated and committed to the craft.   

They say good things never last.  After five years of pioneering efforts, and having seen the  fruit of the seed sown in the unexploited yet fertile field of conflict resolution, the Justice Reforms Initiatives Support, will bow out and end its project. But the end is not the end. JURIS would now turn over the shepherding of the program to the new Philippine Mediation Center national organization. And this is the reason why the Philja and the NJIC, have  invited us to this night’s affair, to witness the transition from JURIS to the new PMC, which is another milestone in the practice of mediation and conciliation in our country. Hopefully the ADR and the JDR methodologies would be expanded to cover all the rest of the courts in the province of Negros Occidental.

I am proud and   honored,  to be an active participant in the project since its inception. On a wider scale I would like to highlight the support, guidance, and encouragement of the Supreme Court, the Philja and the Judicial Institute of Canada, which certainly contributed to the   success of the program.

May I take this opportunity to welcome all of you, and  wish you an interesting evening. God Bless.

THE BRIDGE BUILDER

THE BRIDGE BUILDER

An old man, going a lone highway,

Came at the evening, cold and gray,

To a chasm, vast and deep and wide,

Through which was flowing a sullen tide.

The old man crossed in the twilight dim —

That sullen stream had no fears for him;

But he turned, when he reached the other side,

And built a bridge to span the tide.

"Old man," said a fellow pilgrim near,

"You are wasting your strength in building here.

Your journey will end with the ending day;

You never again must pass this way.

You have crossed the chasm, deep and wide,

Why build you the bridge at the eventide?"

The builder lifted his old gray head,

"Good friend, in the path I have come," he said,

"There followeth after me today

A  Youth whose feet must pass this way.

This chasm that has been naught to me

To that fair-haired youth may a pitfall be.

He, too, must cross in the twilight dim;

Good friend, I am building the bridge for him."

-WILL ALLEN DROOMGOOLE-

BERNARD’S CHOICE

BERNARD’S CHOICE

My friend Bernard stood up to declare the goodness of God that Wednesday night. There were a few  supplicants huddled in the  vacant pews of the church. Not unusual in midweek prayer meetings, since Christianity is a alive only on Sundays but on a Wednesday like this, hardly anyone wants to go to church much less  pray. I came late from the office, the wind was biting cold, the heavy rains early in the day had turned to drizzle,   the  dark mood of the night added to the gloom.  I sat away from the  supplicants wearing a weary face strained by the day’s  burden and closed my eyes.   They were singing. Then the liturgist called out if anyone would care to share what has been going with  his life for which he could be thankful to God.  I opened my eyes.  That was when my friend Bernard stood up. I didn’t see him until he stood and purposely strode to the rostrum, cleared his voice and spoke.

Bernard is a Christian who is zealous in his obedience to Christ. He works in a private company as a Manager, who serves his employer faithfully and well.  He shows his faith in Christ in the workplace. He is different because he doesn’t join in the nights out,  drinking binges  and nocturnal fun which most of his colleagues are prone to do.  A husband to only one wife, he fears God. He is also the most ridiculed among his peers.

Bernard spoke. He said an interesting thing happened to him a couple of days past. His employer summoned him quick.  So he hastened to see his Boss. His Boss explained that he was being relieved and transferred to manage the motel operations of the company. His salary would be four times over than his current. He was expected to make the business profitable.

Bernard didn’t know if this was a blessing or a testing so to speak. He said he has no problem if he were to run a decent  Hotel or Lodging operation, for this would not go against his Christian conviction. But what he is being asked  to do is run a motel operation which has already acquired a seedy, seamy  reputation where prostitution, immorality  or even illicit acts would abound.  He said he struggled to make a decision. He said it would have been easy to rationalize and justify taking the offer. In the worldview of moral relativism this is no big deal.  A job is a job, who cares?  He and his wife prayed and asked for the Lord’s leading. At the end of the day with hard prayer Bernard said everything became clear. The heavy pall had lifted and he felt peace. He rejected the offer and  resigned.  Bernard said God is  good.   God sustained him in this moral dilemma upholding him despite the uncertainty that awaits him and his family. He said he is now unemployed, and yet, he trusts God to work out everything for his good.

I was deeply moved by Bernard’s conviction. I asked myself if this had happened to me could I bear to stand where Bernard now stands, unyielding, faithful and obedient to the cause of Christ? Could I bear to confront sin as sin and make the choice of not offending God regardless of the consequences?

The Psalmist David once declared, “Consider the blameless, observe the upright, there is a future for the man of peace.” (Psalm 37:37)

Flannery O’ Connor in writing what makes a Christian (writer) different, said, “ The Christian Novelist (or writer or any Christian for that matter) is distinguished from his pagan colleagues by recognizing sin as sin. According to his heritage he sees it not as sickness or an accident of environment, but as a responsible choice of offense against God which involves his eternal future. Either one is serious about salvation or one is not.”

There’s always a choice to make in this life.