AGAIN

1
AGAINWelcome to the 2011 CEAP ANNUAL NATIONAL
CONVENTION Theme Building Culture of Peace
Sharing the Vision, Living the Dream
2
CONCURRENT SESSION

• On TOPIC
• GENDER, JUSTICE and PEACE
• 900 am - 1200 nn (with Open Forum/Proposed
  Resolutions)
• September 22, 2011
• Garden Room, Apo View Hotel, Davao City

3
GENDER, JUSTICE and PEACE

• Resource Speaker
• Atty. Adoracion P. Cruz-Avisado, PhD
• Member Advocacy Commission (CEAP)
• In-Charge of Peace/Mindanao Peace Issues

4
GENDER, JUSTICE and PEACE

• This session aims to discuss
• gender issues and concerns such as
• womens human rights,
• women in situation of violence and armed conflict
  and
• gender equality
• plus concerns on
• justice and peace that can be integrated in both
  academic and other school programs.

5

• To be effective and efficient in our session,
  lets distribute the 3 hours
• 2 hours INPUT
• 1 hour Open Forum and discussion of Proposed
  Resolutions

6

• So as we progress in our discussion please take
  note of what concerns can our session possibly
  raise to the plenary as our proposed resolutions
  to the CEAP National Board.
• There are some proposed resolutions on the table
  but you might want to add some.

7

• Schools and the academic community at large are
  called upon to participate in the Philippine
  governments program in mainstreaming Gender and
  Development (GAD).

8

• Schools and the academic community are likewise
  called upon to be involved in PEACE EDUCATION.
• Our schools are supposedly ZONES of PEACE.

9

• WITH THE PRESENT REALITIES or SITUATIONER IN THE
  PHILIPPINES WE CANNOT JUST DISCUSS ABOUT GENDER
  and PEACE without UNDERSTANDING THE DYNAMICS of
  the PHILIPPINE JUSTICE SYSTEM.

10

• FOR GAD ADVOCATES, VIOLENCE AGAINST WOMEN and
  THEIR CHILDREN (VAWC) is the HIGHEST FORM OF
  HUMAN RIGHTS VIOLATIONS IN OUR COUNTRY TODAY.

11

• Domestic Violence does not only impact the
  families but it affects the communities and the
  nation at large because some children of
  dysfunctional families may end up to be CICL
  (children in conflict with laws).

12

• REPUBLIC ACT 9262 or the ANTI-VIOLENCE AGAINST
  WOMEN and THEIR CHILDREN ACT (AVAWCA) of 2004
  provides 4 types of violence or abuses
• Physical Abuse
• Sexual Abuse
• Psychological Abuse
• Economic Abuse

13

• Six (6) out of Ten Filipino Families experience
  any or all of the 4 kinds of abuses.

14

• As mentioned earlier, in families where Domestic
  Violence exists children become AT RISK and could
  end up to be children in conflict with law
  (CICL).
• That is the new term for the so-called Juvenile
  Delinquents or Youthful Offenders under Republic
  Act 9344, the Juvenile Justice and Welfare Act of
  2006

15

• There are situations that you might encounter in
  your schools where you can spot or identify
  children at risk of becoming CICL or children who
  can be victims of sexual molestation or abuse
  including situations of RAPE INCEST.

16
How can our schools be of help in situations like
these?

• Are teachers trained to spot/identify children at
  risk of becoming CICL?
• Are teachers trained how to spot/identify VAWC
  victims?
• Do schools provide support groups and counseling?

17

• Do schools have programs on Family Violence
  Prevention?
• Do schools have programs on Justice and Healing
• of both doers of violence unable to handle their
  anger or emotions? and/or
• Traumatized victims?

18

• Dont you think that it is important for schools
  to be involved in Family Violence Prevention
  Programs and Justice and Healing because of the
  reality that the Philippine JUSTICE SYSTEM IS NOT
  able to effectively enforce, implement, observe
  or comply with many of our beautiful laws?

19
Figure 4. Shows the Components of the Legal
System namely Substance, Structure and Culture
(Source Cruz-Avisado, Adoracion (2010).
Intertwining Culture of Patriarchy, Corruption
and Impunity Journey in Advocacy for the
Transformation of the Justice System. ADDU-RPO.
Page 51)
Schuler, Margaret (1992). Legal System. ed.
Freedom from Violence Women Strategies from
Around the World. New York UNIFEM
20
Figure 5. Substance (Source Cruz-Avisado,
Adoracion (2010). Intertwining Culture of
Patriarchy, Corruption and Impunity Journey in
Advocacy for the Transformation of the Justice
System. ADDU-RPO. Page 51)
Schuler, Margaret (1992). Legal System. ed.
Freedom from Violence Women Strategies from
Around the World. New York UNIFEM
21
Figure 6. Structure (Source Cruz-Avisado,
Adoracion (2010). Intertwining Culture of
Patriarchy, Corruption and Impunity Journey in
Advocacy for the Transformation of the Justice
System. ADDU-RPO. Page 52)
Schuler, Margaret (1992). Legal System. ed.
Freedom from Violence Women Strategies from
Around the World. New York UNIFEM
22
Figure 7. Eight (8) Pillars of the Criminal
Justice System (Concept from TJI, 2004) (Source
Cruz-Avisado, Adoracion (2010). Intertwining
Culture of Patriarchy, Corruption and Impunity
Journey in Advocacy for the Transformation of the
Justice System. ADDU-RPO. Page 52)
23
Figure 8. Culture (Source Cruz-Avisado,
Adoracion (2010). Intertwining Culture of
Patriarchy, Corruption and Impunity Journey in
Advocacy for the Transformation of the Justice
System. ADDU-RPO. Page 53)
Schuler, Margaret (1992). Legal System. ed.
Freedom from Violence Women Strategies from
Around the World. New York UNIFEM
24
Figure 10. Components of the Legal System
(Source Cruz-Avisado, Adoracion (2010).
Intertwining Culture of Patriarchy, Corruption
and Impunity Journey in Advocacy for the
Transformation of the Justice System. ADDU-RPO.
Page 55)
Schuler, Margaret (1992). Legal System. ed.
Freedom from Violence Women Strategies from
Around the World. New York UNIFEM
25

• If the location of the problem is analyzed to be
  in
• what the law says
• the structures of law enforcement
• attitudes and behaviors of people

• The strategy will tend to emphasize
• changing, abolishing or creating new laws and
  policies
• engaging, using challenging institutions
• enabling, empowering, educating, challenging
  people

Schuler, Margaret (1992). Legal System. ed.
Freedom from Violence Women Strategies from
Around the World. New York UNIFEM
26
Policy Trail

• UDHR
• UNCEDAW
• 1987 Philippine Constitution
• RA 7192 (Women in Nation Building Law)
• RA 7877 (Anti-Sexual Harassment Law)

27

• Beijing 12 Platform for Action for Women
• RA 8353 (Anti-Rape Law)
• RA 8505 (Rape Victims Assistance and Protection
  Law)
• RA 9208 (Anti-Trafficking in Persons Act of 2003)

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• RA 9262 (Anti-Violence Against Women and Their
  Children Act of 2004)
• E.O. 273
• DBM, NEDA, NCRFW Joint Circular 2004-1
• RA 9344 (Juvenile Justice and Welfare Act of
  2006)
• RA 9710 (Magna Carta of Women)

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• Let us have a brief review of the Laws or the
  Substance portion of the Legal Components and how
  the Structures and Culture impact on the laws.

30
UDHR preamble states

• Whereas recognition of the inherent dignity and
  of the equal and inalienable rights of all
  members of the human family is the foundation of
  freedom, justice and peace in the world,

31

• Whereas disregard and contempt for human rights
  have resulted in barbarous acts which have
  outraged the conscience of (hu)mankind, and the
  advent of a world in which human beings shall
  enjoy freedom of speech and belief and freedom
  from fear and want has been proclaimed as the
  highest aspiration of the common people,

32

• Whereas it is essential, if (hu)man is not to be
  compelled to have recourse, as a last resort, to
  rebellion against tyranny and oppression, that
  human rights should be protected by the rule of
  law,
• Whereas it is essential to promote the
  development of friendly relations between
  nations, ---

33

• We are aware of the long drawn peace negotiation
  between the Philippine government and the NDF as
  well as the PH and the MILF

34

• Unless we arrive at the much needed peace
  especially here in Mindanao many people, many
  women, many children are caught in situations of
  armed conflict and cannot live normal lives.

35

• Whereas the peoples of the United Nations have
  in the Charter reaffirmed their faith in
  fundamental human rights, in the dignity and
  worth of the human person and in the equal rights
  of men and women and have determined to promote
  social progress and better standards of life in
  larger freedom,

36

• Our government committed to the Universal
  Declaration of Human Rights passed by the United
  Nations in 1948.

37

• Article 1. All human beings are born free and
  equal in dignity and rights. They are endowed
  with reason and conscience and should act towards
  one another in a spirit of brotherhood/
  sisterhood.

38

• Article 7. All are equal before the law and are
  entitled without any discrimination to equal
  protection of the law. All are entitled to equal
  protection against any discrimination in
  violation of this Declaration and against any
  incitement to such discrimination.

39

• Article 22. Everyone, as a member of society, has
  the right to social security and is entitled to
  realization, through national effort and
  international co-operation and in accordance with
  the organization and resources of each State, of
  the economic, social and cultural rights
  indispensable for his dignity and the free
  development of his personality.

40

• Article 27. 1) Everyone has the right freely to
  participate in the cultural life of the
  community, to enjoy the arts and to share in
  scientific advancement and its benefits.

41
UNCEDAW

• Article 1. For the purposes of the present
  Convention, the term "discrimination against
  women" shall mean any distinction, exclusion or
  restriction made on the basis of sex which has
  the effect or purpose of impairing or nullifying
  the recognition, enjoyment or exercise by women,
  irrespective of their marital status, on a basis
  of equality of men and women, of human rights and
  fundamental freedoms in the political, economic,
  social, cultural, civil or any other field.

42

• Article 2. States Parties condemn discrimination
  against women in all its forms, agree to pursue
  by all appropriate means and without delay a
  policy of eliminating discrimination against
  women and, to this end, undertake

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1. To embody the principle of the equality of men
   and women in their national constitutions or
   other appropriate legislation if not yet
   incorporated therein and to ensure, through law
   and other appropriate means, the practical
   realization of this principle

44

1. xxx
2. xxx
3. xxx
4. To take all appropriate measures, including
   legislation, to modify or abolish existing laws,
   regulations, customs and practices which
   constitute discrimination against women

45

1. To repeal all national penal provisions which
   constitute discrimination against women.

46

• Article 6. States Parties shall take all
  appropriate measures, including legislation, to
  suppress all forms of traffic in women and
  exploitation of prostitution of women.

47

• Article 5. States Parties shall take all
  appropriate measures
• To modify the social and cultural patterns of
  conduct of men and women, with a view to
  achieving the elimination of prejudices and
  customary and all other practices which are based
  on the idea of the inferiority or the superiority
  of either of the sexes or on stereotyped roles
  for men and women

48
1987 Philippine Constitution provides under
Article II. Declaration of Principles and State
Policies

• Section 10. The State shall promote social
  justice in all phases of national development.

49

• Section 11. The State values the dignity of every
  human person and guarantees full respect for
  human rights.
• Section 14. The State recognizes the role of
  women in nation-building, and shall ensure the
  fundamental equality before the law of women and
  men.

50

• On August 4, 1988, the Family Code of the
  Philippines took effect.

51

• There are 3 important provisions that are meant
  to stop stereotyping of roles in the homes and
  promote mutuality in relationships of spouses.

52

• Article 68 - The husband and wife are obliged to
  live together, observe mutual love, respect and
  fidelity, and render mutual help and support.

53

• Article 71 provides shared household management
• Article 211 provides for shared parenting

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RA 7192 an act promoting the integration of
women as full and equal partners of men in
development and nation building and for other
purposes

• Section 2. The State shall provide women rights
  and opportunities equal to that of men. 

55

• To attain the foregoing policy 
• xxx
• xxx
• All government departments and agencies shall
  review and revise all their regulations,
  circulars, issuances and procedures to remove
  gender bias therein.

56

• Section 5. Equality in Capacity to Act. Women of
  legal age, regardless of civil status, shall have
  the capacity to act and enter into contracts
  which shall in every respect be equal to that of
  men under similar circumstances. 

57

• In all contractual situations where married men
  have the capacity to act, married women shall
  have equal rights. 
• To this end

58

1. Women shall have the capacity to borrow and
   obtain loans and execute security and credit
   arrangement under the same conditions as men 
   (2) xxx 
2. xxx
3. xxx

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1. In all other similar contractual relations, women
   shall enjoy equal rights and shall have the
   capacity to act which shall in every respect be
   equal to those of men under similar
   circumstances. 

60

• Section 6. Equal Membership in Clubs. Women shall
  enjoy equal access to membership in all social,
  civic and recreational clubs, committees,
  associations and similar other organizations
  devoted to public purpose. They shall be entitled
  to the same rights and privileges accorded to
  their spouses if they belong to the same
  organization. 

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• Section 7. Admission to Military Schools. Any
  provision of the law to the contrary
  notwithstanding, consistent with the needs of the
  services, women shall be accorded equal
  opportunities for appointment, admission,
  training, graduation and commissioning in all
  military or similar schools of the Armed Forces
  of the Philippines and the Philippine National
  Police not later than the fourth academic year
  following the approval of this Act in accordance
  with the standards required for men except for
  those minimum essential adjustments required by
  physiological differences between sexes. 

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RA 7877an Act Declaring Sexual Harassment
Unlawful in the Employment, Education or Training
Environment, and for Other Purposes
63

• Section 2. Declaration of Policy states The
  State shall value the dignity of every
  individual, enhance the development of its human
  resources, guarantee full respect for human
  rights, and uphold the dignity of workers,
  employees, applicants for employment, students or
  those undergoing training, instruction or
  education. Towards this end, all forms of sexual
  harassment in the employment, education or
  training environment are hereby declared unlawful.

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SEC. 3. Work, Education or Training-related
Sexual Harassment Defined Work, education or
training-related sexual harassment is committed
by an employer, employee, manager, supervisor,
agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person
who, having authority, influence or moral
ascendancy over another in a work or training or
education environment, demands, requests or
otherwise requires any sexual favor from the
other, regardless of whether the demand, request
or requirement for submission is accepted by the
object of said Act.
65

1. In a work-related or employment environment,
   sexual harassment is committed when

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1. The sexual favor is made as a condition in the
   hiring or in the employment, re-employment or
   continued employment of said individual, or in
   granting said individual favorable compensation,
   terms, conditions, promotions, or privileges or
   the refusal to grant the sexual favor results in
   limiting, segregating or classifying the employee
   which in any way would discriminate, deprive or
   diminish employment opportunities or otherwise
   adversely affect said employee

67

1. The above acts would impair the employees rights
   or privileges under existing labor laws or
2. The above acts would result in an intimidating,
   hostile, or offensive environment for the
   employee.

68

• In an education or training environment, sexual
  harassment is committed
• Against one who is under the care, custody or
  supervision of the offender

69

1. Against one whose education, training,
   apprenticeship  or tutorship is entrusted to the
   offender

70

1. When the sexual favor is made a condition to the
   giving  of a passing grade, or the granting of
   honors and scholarships,  or the payment of a
   stipend, allowance or other benefits,  privileges,
   or consideration or

71

1. When the sexual advances result in an
   intimidating, hostile or offensive environment
   for the student, trainee or  apprentice.

72

• Any person who directs or induces another to
  commit any  act of sexual harassment as herein
  defined, or who cooperates  in the commission
  thereof by another without which it would  not
  have been committed, shall also be held liable
  under this  Act. 

73

• SEC. 4. Duty of the Employer or Head of Office in
  a Work-related, Education or Training Environment
  - It shall be the duty of the employer or the
  head of the work-related, educational or training
  environment or institution to prevent or deter
  the commission of acts of sexual harassment and
  to provide the procedures for the resolution,
  settlement or prosecution of acts of sexual
  harassment. Towards this end, the employer or
  head of office shall

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1. Promulgate appropriate rules and regulations in
   consultation with and jointly approved by the
   employees or students or trainees, through their
   duly designated representatives, prescribing the
   procedures for the investigation of sexual
   harassment cases and the administrative sanctions
   therefore.

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• Question Do you now have CODIs in your schools?
• Need to CREATE A COMMITTEE ON DECORUM AND
  INVESTIGATION (CODI) UNDER RA 7877 even before
  any complaint is filed.

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RA 8353an act expanding the definition of the
crime of rape, reclassifying the same as a crime
against persons
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RA 8505 an act providing assistance and
protection for rape victims, establishing for the
purpose a Rape Crisis Center in every province
and city, authorizing the appropriation of funds
therefore
78
RA 9208an act to institute policies to eliminate
trafficking in persons especially women and
children, establishing the necessary
institutional mechanisms for the protection and
support of trafficked persons providing penalties
for its violations, and for other purposes
79
RA 9262Anti-Violence Against Women and Their
Children Act of 2004 AN ACT DEFINING VIOLENCE
AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE
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RA 9344Juvenile Justice and Welfare Act of 2006

• SEC. 2. Declaration of State Policy. The
  following State policies shall be observed at all
  times

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1. The State recognizes the vital role of children
   and youth in nation building and shall promote
   and protect their physical, moral, spiritual,
   intellectual and social well-being. It shall
   inculcate in the youth patriotism and
   nationalism, and encourage their involvement in
   public and civic affairs.

82

1. The State shall protect the best interests of the
   child through measures that will ensure the
   observance of international standards of child
   protection, especially those to which the
   Philippines is a party.

83

• continued
• Proceedings before any authority shall be
  conducted in the best interest of the child and
  in a manner which allows the child to participate
  and to express himself/herself freely.

84

• continued
• The participation of children in the program and
  policy formulation and implementation related to
  juvenile justice and welfare shall be ensured by
  the concerned government agency.

85

1. The State likewise recognizes the right of
   children to assistance, including proper care and
   nutrition, and special protection from all forms
   of neglect, abuse, cruelty and exploitation, and
   other conditions prejudicial to their
   development.

86

1. Pursuant to Article 40 of the United Nations
   Convention on the Rights of the Child, the State
   recognizes the right of every child alleged as,
   accused of, adjudged, or recognized as, having
   infringed the penal law to be treated in a manner
   consistent with the promotion of the child's
   sense of dignity and worth, taking into account
   the child's age and desirability of promoting
   his/her reintegration.

87

• continued
• Whenever appropriate and desirable, the State
  shall adopt measures for dealing with such
  children without resorting to judicial
  proceedings, providing that human rights and
  legal safeguards are fully respected.

88

• continued
• It shall ensure that children are dealt with in
  a manner appropriate to their well-being by
  providing for, among others, a variety of
  disposition measures such as care, guidance and
  supervision orders, counseling, probation, foster
  care, education and vocational training programs
  and other alternatives to institutional care.

89

1. The administration of the juvenile justice and
   welfare system shall take into consideration the
   cultural and religious perspectives of the
   Filipino people, particularly the indigenous
   peoples and the Muslims, consistent with the
   protection of the rights of children belonging to
   these communities.

90

1. The State shall apply the principles of
   restorative justice in all its laws, policies and
   programs applicable to children in conflict with
   the law.

91
Restorative Justice

• Refers to a principle which requires a process of
  resolving conflicts with the maximum involvement
  of the victim, the offender and the community. It
  seeks to obtain reparation for the victim
  reconciliation of the offender, the offended and
  the community and reassurance to the offender
  that he/she can be reintegrated into society.

92
RA 9710An Act providing for the MAGNA CARTA OF
WOMEN
93

• SEC. 2. Declaration of Policy. - Recognizing
  that the economic, political, and sociocultural
  realities affect womens current condition, the
  State affirms the role of women in nation
  building and ensures the substantive equality of
  women and men. It shall promote empowerment of
  women and pursue equal opportunities for women
  and men and ensure equal access to resources and
  to development results and outcome.

94

• Further, the State realizes that equality of men
  and women entails the abolition of the unequal
  structures and practices that perpetuate
  discrimination and inequality. To realize this,
  the State shall endeavor to develop plans,
  policies, programs, measures, and mechanisms to
  address discrimination and inequality in the
  economic, political, social, and cultural life of
  women and men.

95

• The State condemns discrimination against women
  in all its forms and pursues by all appropriate
  means and without delay the policy of eliminating
  discrimination against women in keeping with the
  Convention on the Elimination of All Forms of
  Discrimination Against Women (CEDAW) and other
  international instruments consistent with
  Philippine law. The State shall accord women the
  rights, protection, and opportunities available
  to every member of society.

96

• The State affirms womens rights as human rights
  and shall intensify its efforts to fulfill its
  duties under international and domestic law to
  recognize, respect, protect, fulfill, and promote
  all human rights and fundamental freedoms of
  women, especially marginalized women, in the
  economic, social, political, cultural, and other
  fields without distinction or discrimination on
  account of class, age, sex, gender, language,
  ethnicity, religion, ideology, disability,
  education, and status.

97

• The State shall provide the necessary mechanisms
  to enforce womens rights and adopt and undertake
  all legal measures necessary to foster and
  promote the equal opportunity for women to
  participate in and contribute to the development
  of the political, economic, social, and cultural
  realms.

98

• The State, in ensuring the full integration of
  womens concerns in the mainstream of
  development, shall provide ample opportunities to
  enhance and develop their skills, acquire
  productive employment and contribute to their
  families and communities to the fullest of their
  capabilities.

99

• In pursuance of this policy, the State reaffirms
  the right of women in all sectors to participate
  in policy formulation, planning, organization,
  implementation, management, monitoring, and
  evaluation of all programs, projects, and
  services. It shall support policies, researches,
  technology, and training programs and other
  support services such as financing, production,
  and marketing to encourage active participation
  of women in national development.

100
Gender Mainstreaming

• Refers to the strategy for making womens as well
  as mens concerns and experiences an integral
  dimension of the design, implementation,
  monitoring, and evaluation of policies and
  programs in all political, economic, and societal
  spheres so that women and men benefit equally and
  inequality is not perpetuated.

101

• It is the process of assessing the implications
  for women and men of any planned action,
  including legislation, policies, or programs in
  all areas and at all levels.

102
Gender Sensitivity

• A perspective
• A way of thinking
• A manner of viewing things
• Conscious of the gender issue - that the other
  half of humankind is unable to enjoy life to the
  fullest because of gender bias and,
• Actively promotes gender equality and equity.
• Respecting and Upholding Human Rights and the
  Rule of Law

103
Are our schools using Gender Fair Language that
is inclusive of both male and female?

• Example
• Instead of Chairman use Chair or Chairperson
• Men (to refer to human beings) humanity or
  human beings
• When one refers to a Doctor it refers to both
  male and female, etc.
• Gender Fair Language is one whole subject

104

• Common gender issues are
• political subordination,
• economic marginalization,
• disempowerment,
• discrimination,
• stereotyping,
• multiple burden,
• violence against women, and
• personal dehumanization.

105

• EQUALITY between women and men should be
  promoted in ways that are appropriate to each
  particular context. This begins with an
  understanding of the current status of women and
  men, their relations to each other and the
  interconnections between gender and other
  factors. Gender analysis, as an essential part of
  a socio-economic analysis, offers useful
  questions and methods. These can be used to
  understand the social relations between men and
  women and the interconnection of gender with
  other relationships, such as those defined by
  race, ethnicity, culture, class, age, disability
  and/or other status,

106
PROMOTING GENDER EQUALITY

• GENDER EQUALITY is both an essential element of
  any development process and a result of
  sustainable development. Development efforts
  should not only aim to advance equality between
  women and men as an outcome, but shall also
  advance equality throughout by applying GENDER
  ANALYSIS in planning, consultations, design,
  implementation and assessment.

107

• EQUITY and EQUALITY
• Gender equity is the process of being fair to
  women and men. To ensure fairness, measures must
  often be available to compensate for historical
  and social disadvantages that prevent women and
  men from otherwise operating on a level playing
  field. Equity leads to equality.

108

• Efforts to achieve equality between men and
  women that use a one-size-fits-all approach may
  not account for discrimination in the past.
  Provisions for equal opportunities may not take
  into account the unique challenges that different
  individuals and groups face. That is why equity
  measures are necessary.

109
Edwards (1989) said quoting a development analyst

• We cannot change the world successfully unless
  we understand the way it works but neither can
  we understand the world fully unless we are
  involved in some way with the process that change
  it

110
To attain sustainable human development CHANGE or
TRANSFORMATION has to take place. There will
always be RESISTANCE for CHANGE. The privileged
few will always put up resistance for change
unmindful of the need to have EQUITY, EQUALITY
and JUSTICE in society at large.
111
Power Theory
112
Concepts of Power

• Power is everywhere. There is no power free
  environment.
• Power is relation between people. One always
  needs another to validate ones power.
• Power can be used for good or for bad.
• Power seems to taste good because those who seem
  to have power seem to have more.

113
THEORIES OF POWER

• POWER OVER
• An either or relationship of domination/
  subordination
• Based on socially-sanctioned threats of violence
  and intimidation
• Invites active and passive resistance
• Requires constant vigilance to maintain

114

• POWER TO
• Power which is creative and enabling, the essence
  of the individual aspect of empowerment, e.g.
  empowerment by being able to do a certain skill
  or understanding how something works

115

• POWER WITH
• Empowerment through being organized and united by
  a common purpose or understanding
• Involves a sense of the whole being greater than
  the sum of the individuals, e.g. collectively
  tackling a problem together

116

• POWER WITHIN
• Spiritual strength and uniqueness that resides in
  each of us and makes us truly human
• Basis is self-acceptance / respect
• Extends to respect for and acceptance of others
  as equals

117
How are our beautiful laws applied?

• POORLYMisuse and Abuse of power and connections

118
Repeatedly Raised ISSUES that Hamper Access to
Justice/Administration of Justice

• Political Patronage pressures from politicians
• Padrino System palakasan
• Fraternal Ties strategic placement of brods/sis
• Blood Relationship Holy Cows
• Graft and Corruption Abuse of Power and
  Authority
• Preferential Treatment
• Pro-Rich and Well-Connected

119
Lack of

• Independence
• Impartiality
• Effectiveness
• Efficiency
• Gender Sensitivity
• Compliance of the Code of Professional Ethics and
  Responsibility
• Professionalism
• Positive Values and Spirituality (Delicadeza)

120
POINT of REFLECTION for EDUCATORS
We used to have upright, honest, dignified society
121

• According to those teaching Sikolohiyang Pilipino
  (SP), we used to be TARONG as a people.

122

• We are believers in God
• (Sumasampalataya tayo sa DIYOS)

123

• Generally, we are honest and trustworthy
• (Mapagkakatiwalaan)

124
BUT, so many people got LOST along the way.If
you listen to stories of injustices it would seem
that we are a Godless society.
125
Many of our LEADERS in government whether LOCAL
or NATIONAL are misusing or abusing their power
and authority
126
Many of them are our graduates
127
They are Graduates of schools that belong to the
CEAPFrom Presidents to Senators,
Representatives, Justices, Judges, Governors,
Mayors, etc.
128

• In my dissertation entitled Truth Telling,
  Forgiveness and Healing Keys to Gender
  Mainstreaming in the Judiciary.
• I found out that we cannot succeed in
  transforming the mindsets of many justices and
  judges because of the Intertwining Culture of
  Patriarchy, Corruption and Impunity

129

• By employing Qualitative Research using
  Collective Case Study and Feminist Approaches, I
  found out that one of the main reasons for
  miscarriage of justice is because of fraternity
  ties.

130

• Some members of Law School Fraternities who
  became justices, judges, prosecutors, political
  leaders admit that they strategically place their
  brods or sis in key positions in government and
  that they are able to fix cases.

131

• By FIXING CASES, miscarriage of JUSTICE HAPPEN A
  LOT.
• The sub-culture of corruption that results in
  IMPUNITY allow the criminals to go scot-free.
  There is breakdown of Law and Order.

132
So, there is LACK OF PEACE everywhere In
homes, communities and country at large.
133

• According to a respondent in a Key Informant
  Interview (KII) from the Supreme Court, Gender
  mainstreaming is farthest from the radar screen
  of many justices and judges because oftentimes
  pera-pera ang tingin sa maraming kaso (money is
  the main consideration in many cases.)

134

• In a letter to the PDI on page A18 dated May 2,
  2011 by Steve Y. Vespera, he said

135

• When the Supreme Court flagrantly violates its
  own rule against the filing of a second motion
  for reconsideration, as in the case of the 16
  pseudo-cities where it even allowed several such
  motions (resulting in triple somersaults),
  practicing lawyers can only shake their heads at
  the sheer tyranny of it. It is simply unfair and
  unjust that while lesser mortals have no choice
  but adhere to that rule under pain of contempt,
  demigods in the law profession could totally
  disregard that rule with impunity.

136

• Sec. 2, Rule 52, Rules of Court (see also Sec. 2,
  Rule 56) plainly says No second motion for
  reconsideration of a judgment or final resolution
  by the same party shall be entertained. By any
  interpretation, it is crystal clear that the
  filing of such second motion is prohibited, more
  so a third or fourth motion. But when the Supreme
  Court chooses to jettison that rule anyway, it
  unabashedly rationalizes malarkey in this wise
  when we give due course to it, it is no longer
  prohibited!

137

• If that does not insult the intelligence of
  lawyers practicing in this country, we wonder
  what will?
• So then, that rule should now be read as meaning
  no second motion for reconsideration shall be
  entertained unless the Court deems it amusing
  enough? But that is being silly. The real score
  is, it depends on who is filing that second,
  third or fourth motion.

138

• Retired Supreme Court justices who return to
  private practice have been known to easily find
  their way around the labyrinth en route to a
  favorable resolution by that Court. And lest we
  forget, lawyer Estelito Mendoza, too, who even
  has the gall to write personal missives to
  individual justices concerning his
  casesdefinitely a no-no for the others in
  private law practice.

139
How can schools respond to these situation that
ail the Judiciary?
140
TRUTH TELLING

• Reflection of our own contribution to the
  sub-culture of the Intertwining Culture of
  Patriarchy, Corruption and Impunity.

141

• Fr. Joel Tabora, SJ who heads the Advocacy
  Commission of the CEAP and the President of
  Ateneo de Davao University was quoted in the
  Editorial of Sunstar Davao during the launch of a
  book published by ADDU entitled Kakistocracy.

142
The Editorial reads

• TO SAY that the room full of people who listened
  to new Ateneo de Davao University president Fr.
  Joel E. Tabora SJ was impressed is an
  understatement. In Tuesday's launching of Dr.
  Ronnie V. Amorado's new book on corruption,
  "Kakistocracy Rule of the unprincipled,
  unethical and unqualified", the mix of government
  and non-government organization representatives
  and the academe were more than impressed.

143

• Others may even have been a bit perplexed on
  whether they were listening to a university
  president or a street parliamentarian.
• Taking the cudgels for the fight against
  corruption, Fr. Tabora specifically pointed out
  the role of the universities, no matter what
  leanings and religions, specifically at the
  tertiary level.

144

• The crimes brought about by corruption need to
  reach the classrooms, he said, and "not sit in
  some outreach office" of the university.
• "Students must be formed to respond to these ills
  with disgust, with anger, with moral outrage
  forming in the student his commitment to change,"
  he said. "The university must be involved in very
  serious moral development so that when students
  hear of these things, they will not say, that's
  God's will."

145

• Rather, he said, there must be a way of getting
  people angry about what we have allowed our
  government to be -- corrupt and manned (GFL
  run/managed) by the unprincipled, unethical, and
  unqualified -- and this can only emanate from the
  central teachings of the university.

146

• "The university must make its contribution
  against corruption first and foremost in the
  products that the university produces, and here
  we have not done well enough in the academe," he
  said.
• This is so because all the big scams and scandals
  were perpetrated or involved men and women in
  government who came from the country's best
  universities.

147

• In recognizing that the academe itself shares the
  blame for the avarice we are now witnessing in
  the halls of power somehow sheds light on how we
  as a people should approach reforms and the
  return to a moral and ethical bureaucracy.
  There's no room for finger pointing here,
  everyone shares the blame including the person
  who handed a hundred peso bill to the traffic
  enforcer to get away without being issued a
  ticket.

148

• But beyond just admission of guilt should be a
  response that is rationale and actionable based
  from information that have been gathered
  painstakingly and woven to achieve actionable
  recommendations through "genuine thought" to
  basic questions like what is really the problem
  and what really can and ought to be done.

149

• "We can't sit and say we sit in judgment of the
  world. We must sit in judgment of ourselves," Fr.
  Tabora said in exhorting the academe to do their
  best in forming students who will stand on moral
  grounds, as well as in urging the academic
  community to be disturbed because so many of the
  corrupt people "are coming from our schools".
• And we say, amen.
• Published in the Sun.Star Davao newspaper on May
  18, 2011

150
Clearly there is an Intertwining Culture of
Patriarchy, Corruption and Impunity in our
Justice System
151
(Source Cruz-Avisado, Adoracion (2010).
Intertwining Culture of Patriarchy, Corruption
and Impunity Journey in Advocacy for the
Transformation of the Justice System. ADDU-RPO.
Page 54)
152

• The Culture of Patriarchy is intertwined with the
  Sub-Culture of Impunity and Sub-Culture of
  Corruption in the Judiciary. In its interstices
  and surrounding the same are the abuse of power
  and authority, power over conduct of domination
  and subordination, power and money politics, and
  patronage politics.
• Political Patronage, Padrino, Palakasan and
  Bata-Bata System and Greed for Money and Power
  strongly surround that culture.
• There is disregard for the Rule of Law, Human
  Rights, Gender Equity and Equality,

153
The 8 Pillars of Justice System
154
Lifted from page 141 of Adoracion P.
Cruz-Avisados (ACAs) Dissertation on Truth
Telling, Forgiveness and Healing Keys to Gender
Mainstreaming in the Judiciary
155

• The State of the Justice System and the
  Judiciary Dirty Politics and Politicians
  surround the various Pillars of the Justice
  System including the Judiciary.
• Dirty Politics and politicians are perceived to
  be in the game of money and power. The Judiciary
  is trapped in the mess.
• Here the biggest challenge is how to extricate,
  insulate and free the Pillars of Justice and the
  Judiciary from politics.

156

• The patronage system has long been existing in
  our country. That is a principal source of abuse
  of power and authority of many.

157

• Since the justice system is not working properly,
  corruption and abuses, remain unchecked and the
  CULTURE OF IMPUNITY prevails.

158
THUS, WE CANNOT HAVE GENUINE PEACE at HOME, in
the COMMUNITY and the COUNTRY at LARGE
159

• The prevailing culture shows Power Over that
  result in
• Domination and Subordination
• Discrimination and Marginalization
• Cruelty in Human Acts
• Tyranny and Oppression
• Terrorism and Killings

160
JUSTICE

• The Intertwining culture can be reversed through
  the Counter Culture of EQUITY and EQUALITY,
  HONESTY and UPRIGHT LIVING and CULTURE UPHOLDING
  THE RULE OF LAW and HUMAN RIGHTS.

161
(Source Cruz-Avisado, Adoracion (2010).
Intertwining Culture of Patriarchy, Corruption
and Impunity Journey in Advocacy for the
Transformation of the Justice System. ADDU-RPO.
Page 108)
162

• Figure 14. Counter-Culture promoting Culture of
  Equity and Equality Culture of Honesty and
  Upright Living and Culture Upholding the Rule of
  Law and Human Rights.
• In the interstices, the power is with the people,
  power to transform for the good and power
  within, which represents values and spirituality
  that must be possessed by everyone involved in
  the administration of justice.
• Surrounding the counter culture are good use of
  power and authority Development through
  Enrichment of Values and Spirituality (DEVS)
  Tarong or Uprightness, Independence,
  Impartiality, Integrity in the Justice System
  that Uphold and Respect the Rule of Law, Human
  Rights, Gender Equity and Equality.
• In the heart of the counter culture is Love,
  Justice and Peace to reign in our society.

163
How do we integrate in our Peace Education the
proper use of power?
Challenges to our Schools
164
How do we push for Applied Human Rights, Gender
Equality and Ethics in the Administration of
Justice in our Law Schools?
165
How do our schools respond to the call for
RESTORATIVE JUSTICE?
166
How do we integrate COUNTER CULTURE in teaching
our students?
167
We know that culture shapes people. But, people
shapes culture.
168
How do we contribute to the nation building not
only by advocating for good governance but
ensuring that our students become good citizens
and individuals?
169
How do we build good citizenship by building
character in our Formation and Training of those
who come to our schools, etc.?
170

• That ends the Input.
• Thank you and God Bless

171
Open Forum and Proposed Resolutions
172
Some proposed Resolutions on the table for the
consideration of the group in this Concurrent
Session
173
Proposed Resolutions

1. Mainstreaming GAD
2. Compliance with RA 7877 create Sexual
   Harassment Free School
3. Strengthen Peace Education in school

174

1. Support advocacy for the transformation of the
   Justice System and Judicial Reform in particular
2. Support advocacy for Family Violence Prevention
   Programs (FVPP)
3. Support advocacy for Justice and Healing

175

1. Support advocacy and respond to the call for
   Restorative Justice
2. Support call for education on Applied Human
   Rights, Gender Equity and Equality and Ethics in
   Administration of Justice in all Law Schools

176

1. Law Schools increase points on Legal Ethics in
   Bar Exams
2. Support call for counseling and promote Culture
   of Love, Justice and Peace