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63 Ateneo L.J. 1 (2018-2019)

handle is hein.journals/ateno63 and id is 1 raw text is: Now or Never: Judicial and Legal Reforms in the Philippines Jose Manuel . Diokno* I. IN T R O D U C T IO N ............................................................................ I II. HISTORICAL REVIEW OF THE PHILIPPINE LEGAL SYSTEM .............. 2 III. DIVERGENCE IN THE APPLICATION OF RULES .............................. 4 IV. INDEPENDENCE AND FOUNDATIONS OF THE JUDICIARY ............... 8 V. GUARDING THE PEOPLE'S FREEDOMS ........................................... II VI. STRENGTHENING THE JUDICIARY .............................................. 15 VII.LEGAL AND JUDICIAL REFORMS URGENTLY NEEDED ................... 19 I. INTRODUCTION The justice system in the Philippines has not been able to deliver on its promise of dispensing justice to the people. This Article attempts to identify the reasons why, and proposes reforms to strengthen its foundations. Given the present situation where it appears that justice from the courts of law is being supplanted by justice from the barrels of guns,' the matter of * '86 J.D., magna cum laude, Northern Illinois University. The Author is the founding and current Dean of the De La Salle University College of Law. He is also a member of both the Philippine Bar and the Illinois State Bar. He likewise serves as the Executive Director and Professor of Law at the Diokno Law Center, and is the Chairman of the Free Legal Assistance Group (FLAG). The views expressed and information provided in this Article are largely drawn from the Author's personal experience and do not represent any official views of the Ateeo Law.Journal. Cite as 63 ATENEo L.J. I (2018). i. See generally Jodesz Gavilan, Mayors, vice mayors killed under Duterte gov't, available at https://www.rappler.com/newsbreak/iq/2o6262-list-mayors-vice- mayors-killed-since-july-2016-duterte-goverment (last accessed Aug. 31, 2018); Karen McVeigh, Police have killed dozens of children in Philippines war on drugs, Amnesty says, GUARDIAN, Dec. 4, 2017, available at https://www.theguardian.com/global-development/2o17/dec/04/police-have- killed-dozens-of-children-in-philippines-war-on-drugs-amnesty-says (last accessed Aug. 31, 2018); & Michael Bueza, IN NUMBERS: The Philippines'