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By ARIES C. RUFO /Newsbreak
Empty courtrooms and lack of confidence in the judicial system are two of the major reasons why the rule of law is almost non-existent in Muslim Mindanao, a Muslim lawyer said Monday.
Laisa Masuhud Alamia, program coordinator of the Bangsamoro Lawyers Network, told participants at a forum on increasing access to justice held in Manila that many courtrooms in Mindanao, particularly in the Muslim-dominated provinces, "are unoccupied" because no one is interested to fill up the vacancies.
"Court systems in Moro areas are not working or not functional," Alamia said. Those with active judges do not inspire trust and confidence, "as the existing justice system is seen as circuitous, complicated, and expensive."
Alamia presented the general situation of the judicial system and the issues confronting access to justice in Mindanao. She urged the "sensitization of judges and prosecutors about Moro issues that could address prejudice and discrimination" on Moros who are in conflict with the law.

Her position was echoed by Chief Justice Reynato Puno, who acknowledged that the present judicial system "have satisfied little of the large universe of unmet needs of our marginalized people."
In his opening address to the Forum on Increasing Access to Justice, Puno noted that justice remains elusive to the poor, which explains the general perception that the rule of law favors only the influential and the moneyed.
"This is due to a variety of reasons—lack of knowledge of their rights under the law, lack of resources to fight for their rights, exorbitant cost of justice, lack or ineffective legal representation, delays in the dispensation of justice, complex and incomprehensible legal procedure, anti-poor laws, judges who decide case without considering their social context. In fine the poor complain that the playing field in our justice system is titled against them," Puno said.
Farmers, peasants, fisherfolks, women, children, migrant workers, urban poor, Moro communities, labor , indigenous peoples, and senior citizens have gathered for the two-day forum to identify issues and recommend solutions in improving access to justice.
One commonality raised by the representatives from the various stakeholders is the exorbitant court fees that many litigants could not afford.
At present, only those earning less than P3,000 a month are classified as pauper litigants, who are exempt from paying the docket fees. The low threshold disenfranchises the majority of the poor from being classified as pauper litigants.
Another common issue is the prohibitive cost of hiring a lawyer. Nimfa Melegrito, a former overseas Filipino worker, sought legal help from Kanlungan Center Foundation in going after her employer and agency. Melegrito said she could not afford the P2,500 appearance fee required by a private lawyer and other related legal costs.
Others sought that courts relax the rules that will allow paralegals to appear in court.
Peasant sector representative Renato Penas, paralegal officer of the Sumilao farmers MAPALAD Farmers Cooperative, noted the bias of judges against paralegals by branding them as "subversives or fixers."
Other sectors pointed out that even courts and lawyers are not equipped with legal background and training related to existing laws, rules, and regulations.
NGO representatives pointed out that some judges are not well-versed in laws governing certain sectors, like fisheries and agriculture.
Alamia also recommended the following to improve the justice system in Mindanao:
· Scrapping the rule on automatic transfer of Abu Sayyaf Group/MILF cases to Manila.
· Investigation and prosecution of corrupt judges and law enforcers, especially those involved in "hulidap" cases. Alamia said there are cases where a Moro suspect spends five to seven years in jail without being tried in court.
· Nomination of qualified Moros to the judiciary.
· Conduct of training on gender sensitivity for judges, court personnel, and others involved in the administration of justice.
· Reduction of court fees.
· Upholding the primacy of the peace process.
· Approval by Congress of anti-discrimination and anti-torture bills.
· Review of Muslim Personal Laws by the ARMMs regional legislative assembly.
· Additional powers for the Office of Muslim Affairs to include monitoring of discrimination issues and provision of legal assistance.
· Inclusion of Moro history in school curricula.