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First Published: Reflections - Philippine Daily Inquirer Publication Date: 16th December 1994 Author's Name: Father Shay Cullen SSC

In San Ildefonso, Bulacan, Hermogenes Magsakay 56, was convicted and sentenced to five life terms for the repeated rape of his own daughters only 12 and 15 years old.

Judge Camilo Montesa, Jr. deserves greater recognition for having the courage and wisdom to believe the testimony of the children rather that that of the adult as is so often the case.

Judges come under intense pressure from the family and friends of the accused whereas the children have no one to call on as a persuasive advocate for justice.

Judge Montesa told reporters that he had three more similar cases of incest pending before his court so by now his strict application of justice must strike fear into the hearts of incestuous fathers and give hope, relief and joy to the children and their mother and others who constantly hunger and thirst for justice.

A good word too for the prosecutor who must know his law especially R.A. 7610 the child protection law.

What the people long for these days are judges who are independent minded, men of integrity and honesty and have a love of justice that is greater than the love of money.

In times when some members of the judiciary has been called by the vice-president "Hoodlums in Robes" and when court decisions are given out to the highest bidder, men like Justice Camilo Montesa are an inspiration.

May there be many more.

While there are many judges and prosecutors doing justice day by day like unsung heros there are many others who are corrupt. Not only in the judiciary but in government and business.

Bringing a complaint of child abuse in Olongapo is like putting a rotten fish in the prosecutors bed.

Here one prosecutor has been charged with child abuse himself but little has been done except a closing of ranks. Another prosecutor is known to have had sex with a minor over a period.

Now a two-a-half year old child sexually lacerated by that 'former' SBMA guard was able to persuade the prosecutors despite the serious complaint of the mother, to file a lessor charge of "acts of lasciviousness", in other words statuary rape reduced to a misdemeanor.

For some it's a mockery of justice .

In another on-going case involving two small boys who were sexually abused by a foreign paedophile the prosecutors continually delay filing their resolutions thus frustrating justice and giving the suspect more and more time to reach and silence the children.

Prosecutors who favor the accused instead of helping the victims are a cancerous blister on the face of the Philippines. It is because of them that thousands of poor are denied justice and there is no greater cause of social unrest and political instability.

There can be no true national development unless there is human development and that means a fair and efficient juridical system.

In the case of an Australian paedophile presently on trial for the sexual abuse of two female children in Olongapo the case was, like hundreds of others, dismissed within an hour by the Olongapo prosecutor.

State prosecutors had be be brought in to fight the case . This week, one year later, after the second child started giving testimony both children were abducted. They could be killed for all we know.

They are now the subject of a NBI search .

In this case the defence had continually argued in court that these children should be taken out of the witness protection programme and the rehabilitation center where they freely choose to stay. The defense motives can only be suspect.

The parents of the children are suspected of being in the pay of the accused. One of parents has a case pending against her for abducting her daughter and chaining her for days on the floor of their house until she escaped back to the rehabilitation center.

Paying money to the parents to get their children not to testify against their abusers is the only way the defense know how to win it seems.

Some of these parents were at first the complaints but later were allowed to file affidavits of desistance and offered themselves as witnesses for the defense!

Here it seems testimony is bought and sold like chicken feet in the market.

Then there is the situation of many children held behind bars in the Manila Rehabilitation Center many who will spend their Christmas there .

In Cagayan de Oro they still jail children. As of this writing Ivan Pagara Abarquez 15 years old is jailed with hardened criminals and is still in jail despite a court order ordering his transfer to the DSWD.

Bickering between the police and the DSWD it seems prolongs the youths suffering.

This Christmas people will be filled with the sudden urge to give gifts to the street urchins, used clothes, tooth brushes and sandwiches and when their troubled consciences are eased a bit they forget the real plight of the children until next Christmas.

Children need more than a used T-shirt and a tooth brush, they want their basic rights and justice.

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