GR No.

L-99, November 16, 1945

Pio Duran, Petitioner (Marciano Almario for Petitioner)

Vs.
Salvador Abad Santos, Judge of Peoples Court, Respondent Associate Justice Delfin J.
Jaranilla

JD-1A (Philosophy of Law)

REFLECTION PAPER

SUHARTO A. KAMID
October 17, 2023
 The petitioner alleges that he is a Filipino political prisoner detained in the New Bilibid
Prison, Muntinlupa under the custody of the Director of Prison without any cases filed against
him. On October 6, the Solicitor General submitted a recommendation to the People's Court to
allow the petitioner to be released provisionally on bail of P35,000. However, it is still subject to
a hearing. On October 12, the respondent Judge issued an order denying the petition for
provisional release on bail, without stating any reason in support thereof; immediately upon
receipt of said order, the petitioner filed a motion for reconsideration based on three grounds,
namely: (a) that the Solicitor General recommended that petition be granted upon bail of
P35,000; (b) that the Solicitor General did not reveal any evidence against the petitioner; (c) that
refusal to disclose such evidence entitled petitioner to bail; and that on October15 the motion for
reconsiderationwas denied.Perfecto, J. Dissenting, “have we faith in the biblical doctrines which
are the vitalizing essentials of the Democracy? How can we" return every man unto his family" if
we deprive him of his personal freedom in utter violation of the cardinal mandates of our
Constitution, wherein it is solemnly enjoined that "No person shall be deprived of his liberty
without due process of law"? How can we "Proclaim liberty throughout all the land unto all the
inhabitants", when we are keeping in bondage one of the citizens of our country in complete
disregard of the laws of the land?”

Given the foregoing facts, I submit that the justice system during this time wasrotten
provided that they detained a person without any cases filed against him which is a clear
violation of human rights and the right to due process. The rights of the citizen of life, liberty, or
property with due process of lawwere deprived which I submit was stated under the
Commonwealth constitution which was used during this time as the Second Republic was
dissolved after Japan surrendered to the Allies in 1945; the Commonwealth was restored in the
Philippines in the same year with Sergio Osmeña (1944–46) as president. Justice is objective and
impartial, it does not judge based on skin color, gender, or even how much money one has.
Justice, they say, merely looks at the facts presented in front of it, or at least that is how it is
supposed to go.

As a student of Law, I will follow the concept of justice which is on the ethics and law
where people can behave in a way that is fair, equal, and balanced for every individual to stand
out on their own and give freedom. I am always hopeful that justice in our country can still
render a healthy and functioning society. It is the foundation of democracy and laws. It is also
essential for safeguarding individual rights and freedoms. It ensures that individuals are treated
fairly and with respect and that everyone has access to the same rights and privileges. This is
why I submit that we must preserve the true intent and spirit of justice.

I submit that in this case there is an influence of political aspect to the judicial system of
the Philippines considering that Petitioner is known as the Executive General of the Makapili; as
Director of General Affairs of the Kalibapi; as Vice-Minister of State for Home Affairs; as
member of the Council of State; as member of the National Assembly under the Japanese
sponsored Philippine Republic, and as President of the New Leaders' Association.It will be a big
threat to the United States and the Government of the Philippinesto provide due course from the
petitioner. In my understanding of rendering justice,we must not be biased, DURA LEX SED
LEX a Latin term that means “it is harsh, but it is the law” which is a clear manifestation of
Perfecto in his dissenting.

What we need in our beloved state is unity, peace, and love especially for our fellow
Filipinos, in the statement madeby Perfecto “During the enemy occupation we never
compromised with the Japanese. But now that the beaten enemy has been ousted from our
country, are we to adopt their hated procedures of trampling upon the constitutional guarantees
for the liberties of our people and citizens? Shall we borrow their ideology? Shall we adopt their
way of thinking?” it is a clear manifestation that the government of the Philippines is still sick in
its heart and lived in the past where in fact what is the spirit and intention of the Democracy that
they want to achieve which was they achieved were to enjoy certain rights which are very
essential for any human being to live freely and happily. The hate, aggression to achieve power
and competition of our leaders can greatly influence how the Justice system in our country
operates which is a disadvantage as it cannot deliver the true intent of Justice.

Peace is the path we take to bring growth and prosperity to society. If we do not have
peace and harmony, achieving political strength, economic stability, and cultural growth will be
impossible. Moreover, before we transmit the notion of peace to others, it is vital for us to
possess peace within. It is not a certain individual’s responsibility to maintain peace but
everyone’s duty. As a student of Law, I submit it must be everyone’s noble mission to promote
peace by expressing its contribution to the long-lasting well-being factor of everyone’s lives.
Thus, we must all try our level best to maintain peace and harmony.

Therefore, it was essential to have a fair justice system as it forms the foundation of a
civilized society.Societies with biased justice tend to be harsh and intolerant, often leading to
conflict. We hold up the rule of law and the ideal of justice as being blind to social status, wealth,
or anything else.Justice has been regarded as the cornerstone of the social system. It is the basis
for the coherent living of a society. Justice is synonymous with lawfulness, the absence of
unreasonable actions, and a system of identical opportunities, equal privileges, and freedom for
every section of society. Justice is very subjective.

We can assert that where one political party dominates the political sphere, the likelihood
of judges deciding against the government diminishes. The judiciary is expected to be more
independent and more likely to challenge the incumbent government. But we must understand
especially in developing democracies when the Constitutional Court decides to defy the
incumbent government it may encounter various court-curbing and court-packing practices,
which is why unity is a must, the 3 branches of the government cannot function effectively, and
efficiently if there is an existing dispute considering that they are correlated from each other.

The preamble of the 1987 Constitution provides “We, the sovereign Filipino people,
imploring the aid of Almighty God, in order to build a just and humane society and establish a
Government that shall embody our ideals and aspirations, promote the common good, conserve
and develop our patrimony, and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime of truth, justice, freedom, love,
equality, and peace, do ordain and promulgate this Constitution” is a vital guiding principles for
the People and Government of the State.

To follow and adhere to the law is a vital characteristic that we must exercise and
practice. Including the maintenance of peace and harmony among the public officials of the
government in their circle as well as with their relation to the people of the Philippines. We must
always remember the provision provided under Article II of the Declaration of Principles and
State Policy Principle, section 1“The Philippines is a democratic and republican State.
Sovereignty resides in the people and all government authority emanates from them” We must
always consider and put into priority the good, interest and security of our people.