SIKOPIL

PART - Katarungan: In unity and Beyond (3rd, 4th & 5th paragraph)-


Just a little preview on Enriquez:

To him, the core concept of Filipino interpersonal behavior is kapwa (shared inner
self, which is the unity of the “Self” and “others).

Among the values he discussed were:

Katarungan ….


Elements of the Filipino Concept of Katarungan

Katarungan (social justice) - ang katarungan o hustisya ay tumutukoy sa
katuwiran, pagiging wasto o katumpakan, at pagkapantay-pantay ng mga tao sa
harapan ng batas o sa harap ng isang hukuman.

As can be expected, the first element of the Filipino concept of katarungan is an in
indictment that the “law is not always just” (Diokno 1985). The Philippine system of
laws did not grow from the people; rather, the people were forced to grow into the
law. Due to the struggle for justice and the demand of the justice has increased, the
debate on the nature of justice has also grown. They are those who looked beyond
the law and the courts in the search for constituents of the concept of justice.
(Bukod dito, ang sentralidad ng batas tungo sa hustisya (Avila, Diaz at Rodriguez
1987) ay lalong nababawasan ng persepsyon na ang mga kapuri-puri na layunin ng
mga rebulto ay maaaring mawala sa kanilang pagpapatupad; dahil dito, ang madalas
na paulit-ulit na panaghoy na law is not always just and wala sa batas, nasa
pamamalakad ng batas for peace was thought of as the rule of an authority within
a specific region or the principles laid down by the Anglo-Saxon legal system which
is the “ Karapatan, katotohanan and katwiran as elements of katarungan” They
pertain primarily to the conditions necessary for the smooth running of the formal
court system. Gayunpaman, ang tatlong ito ay angkop na angkop sa etos ng Filipino.


This is regards to the justice system that our society should have and it suggested
the following:
• “law is not always just”
• “wala sa batas, nasa pamamalakad ng batas”
• Elements :

a. Karapatan - It is recognized that people everywhere have certain basic rights, or
karapatan that must be respected and defended, the violation of which constitutes
injustice. (Basic human rights and need for truth and reason to rule) In any, case
brought to the courts involving alleged violations of karapatan, the considerations of
fairness and promptness must always be foremost in the minds of the judicial
officials.

b. Katotohanan and Katwiran - this may be observed in the implementation of
justice. To be against all forms of deception, cover-up and whitewashing. It is also
the perception that for justice to be done, the elements of katotohanan (truth) and
katwiran (reason) must always be present in all phases of the court action.

The last two elements:

c. Kapayapaan(peace)- this is the consequences of katarungan and can be observed
In situation where one is a victim of injustice. Kapayapaan is often involved by the
phrase “DIYOS NA ANG BAHALA SA KANYA.”
(“DIYOS NA ANG BAHALA SA KANYA.” as unwanted system of palakasan to resolved
injustices. Justice is not what the law says it is, but what the people say is should be.)

Perceived as making up the concept of justice, derive from the people’s kapwa-
centered value system. These often times dominate the other considerations cited
above and are reflected in the Filipino predisposition for seeking compromises to
disputes rather than going through the formal court action. The element of justice as
peace or kapayapaan is often invoked by the phrase “Diyos na lang ang bahala sa
kanya”.

The last element is of course, consensus or pagkakaisa.
d. Pagkakaisa (consensus)– where Justice is not what the law says it is, but what
the people say is should be. pagkakaisa means “unity” or “oneness.” It is the goal (or
telos) of Filipino virtue ethics. The filipino virtues draw the loob and kapwa closer
to each other so that their wills become one in terms of willing their common good
and in the commitment to preserve and strengthen their relationship.

These last two elements have colored the Filipino’s perception of justice to such an
extent that it may be described as “accommodative” rather than “confrontative” , a
uniquely Filipino way of insuring minimal disturbance to the Filipino core value of
kapwa.


Accommodative - hiya (propriety/dignity)
utang na loob (gratitude)
Pakikisama (companionship)
Confrontative - bahala na (determination)

Sama/lakas ng loob (resentment/guts)
Pakikibaka (resistance)