The Court of First and Last Resort: Tulfo Court?

Published: June 6, 2022

By: Noel Fullo Jr., BA in Political Science

Which branch of government would have the greatest negative impact on the country: the executive, legislative, or judicial? Probably, some of us would say the judiciary. After all, it is the responsibility of this branch to combat corruption and injustice in the country. A despotic state is synonymous with a corrupt judiciary. There is no crueler tyranny, according to Montesquieu, than that which is perpetrated under the guise of law and in the name of justice. In the middle of the deepening wave of judicial distrust, crepuscular rays of optimism shone on the faces of the defenseless and the helpless. Despite this, some people found warmth and trust in a national reality show called Raffy Tulfo in Action.

Raffy Tulfo in Action (RTIA) has become palatable and popular among the general public. The program assists people in obtaining the justice they desire more expeditiously; there are no bureaucratic red tapes, and the process is direct and simple. Aside from the show's focus on resolving disputes between the weak and the unheard, it has also become a source of national television entertainment. Above all, the RTIA reveals some fair to mediocre aspects of our Philippine judicial system. This essay will address some of the flaws with our judicial system in light of Montesquieu's political ideas and the public's perspective of the show.

It is observable that some Filipinos have lost faith in the country's legal system for a variety of reasons. The Philippine court system is rumored to be slow and inefficient. Aside from the overlapping jurisdiction, the court processes are so time-consuming that cases build up and remain unresolved for years. The public appears to be aware of the country's concerns with erring justice. The Maguindanao Massacre, Dengvaxia, Revilla's acquittal, and Imelda Marcos' fraud prosecutions are just a few recent high-profile disputes. One of Mrs. Marcos' criminal suits was initiated in 1991 and took over three decades to be resolved. Is it true, as Thrasymachus claims, that justice is the interest of the stronger party?

The public view of government corruption was highly stacked in favor of those who have the luxury of money to afford the best justice their wealth can buy, fueled by the scourge of official corruption. It has also produced spawned jokes that it is nice to know the law in this country, but it's better to know the judge. Even though the Philippines has improved its position, it remains among the lowest in the world rule of law index. The country’s ranking in 2019, according to the World Justice Project, was an improvement from 88 out of 113 countries in 2017-2018 to 90 out of 126 countries in 2018-2019.

According to the 2018 Index of Economic Freedom, judicial independence is high in the Philippines, but the courts are plagued by inefficiency, low pay, intimidation, delays, and long case backlogs. Corruption and favoritism are rampant. According to the Department of Justice, the Philippines had 14,000 pending cases in 2019.

Communities of justice, opportunity, and peace are built on the foundation of an effective rule of law. The delay of justice is the same as the denial of justice. The public's trust in the RTIA demonstrates how the impoverished seek to get justice in a shorter amount of time. People's desire for a bright future in our country's legal system appears to be fading, therefore they have turned to RTIA for help. Although the program fights for the poor, it is a sad reality that it is a symptom of corruption against democratic norms.

In the lens of Montesquieu, corruption still becomes evident when the people fall into the spirit of extreme equality. Extreme equality takes place when people themselves execute the functions of the government. Raffy Tulfo is a private citizen, albeit his program has never violated due process and sub judice, among others, he is exercising judicial action in his own hands. When individuals fall into the attitude of excessive equality, according to Montesquieu, corruption emerges. When citizens carry out government functions themselves, extreme equality occurs.

Montesquieu believed that the people are uniquely qualified to choose those to whom they will entrust a portion of their power. They must only be determined by things to which they are not strangers, as well as self-evident facts. They are particularly capable of electing a general because they can identify when a person has fought numerous battles and been victorious. They can tell when a judge is conscientious in his work, provides widespread satisfaction, and has never been accused of bribery: this is enough to choose a prætor.

However, the unfortunate reality of the system is that citizens cannot pick or elect members of the judiciary; as a result, they have resorted to filing RTIA complaints and grievances. Corruption is a recurring topic that must be addressed. The legal and judicial systems are meant to be the most vital defense, yet they have failed. From top to bottom, the people have no authority over the judiciary.

Is the system inherently flawed and in need of recalibration? Would it cure or exacerbate the problem if we choose and elect persons to the judicial branch? In any case, it is vital to consider that all powers must be subject to checks and balances. The RTIA is a modern-day embodiment of the adage that "actions destroy hopelessness." However, we must not put the people's fate in the hands of this reality show because it is only a band-aid solution; rather, government officials must be reminded regularly that they must continue to work for the people's satisfaction of justice and peace. This is doable, not utopic, in my opinion.