(mis)Adventures to the Big World
The Cowardice of Judge Cortez
- Is it cowardice or good judgement?
For days, people have thrown insults toward Judge Cortez for not taking the Ampatuan murder case. He has been called a coward and asked to resign.
Judge Cortez decided not to take the Maguindanao Case for fear of his life and his family’s safety. A lot of people can’t accept his action. Is his decision an act of cowardice or is it based on reasonable and acceptable facts?
Atty. Lutgardo Barbo said “There is such a thing as moral courage or intellectual courage. We were taught in law school of our responsibilities, and it comes along with the dangers of the job.” [full text here]
Barbo, together with a long string of people, used moral integrity and intellectual courage to crucify Cortez’s actions. He said that Cortez should have been grateful to be presented with the chance to serve his country and “die a meaningful death”.
Ted Failon said it’s not only Cortez who fears for his life but also the witnesses. If these witnesses can risk their lives for justice, why can’t judge Cortez do it too?
Ambivalent
I don’t know what to make of Judge Cortez. I wanted so much to criticize his decision because like everyone else, I want to see the day when justice is served, but part of me understands why he did what he did.
Sure, maybe he lacks the courage to fulfill his duties. Maybe it was cowardice that made him decline the case, but if you look deeply into his actions, you’d understand where he’s coming from. He, like everyone else, is just an ordinary man. He may not be brave enough like those witnesses but that shouldn’t make him less of a person.
Hasn’t it come to anyone that he did us all a favor by not accepting the Ampatuan Murder Case? He knows that he is not fit to take the case. If he is afraid, then, he does lack the capability needed for the case. Everyone gets scared. What makes him any different? Yes, he did not look at the case’s profile first before making up his mind, but did he have to? Everyone knows how delicate and dangerous this murder case is. It’ll take a brave man to handle such case. We all wanted justice for the victims. We needed a judge made of steel to take the case; a judge who is not afraid and who cannot be intimidated by threats. That judge is not Cortez. He was not made for the case, he knows it and he did what he thinks should be done. It was his personal choice. As I understand it, a judge can choose to decline a case for personal reasons. Personal Inhibition is (I think) the term they use for it.
Shouldn’t we all be happy that as early as that fateful day, Judge Cortez is already aware that he can’t do it? Imagine the hassle, if in the middle of the trial, he decides to back out? Justice will be delayed and it won’t be because of the lack of witnesses or evidence but because the Judge realizes he can’t take the case anymore.
Judge Cortez’s act of cowardice is, in some sense, an act of bravery. I think he is aware of the consequences of his decisions and yet, he didn’t flinch an inch when he said he can’t and doesn’t want to take the case.
To die in the service of your countrymen is heroic, but not all men are born heroes (and it’s not their fault).
about 2 months ago
***this is circulating over the net just recently. tells the reason/s for judge cortez’s inhibition. his reasons are not just safety reasons so i guess he’s not a coward after all.
LET THE FACTS BE HEARD – BE THE JUDGE
“Serving the interest of Justice and Community as First Level Court Trial Judges is not an easy job. It is a difficult and
trying vocation. It involves strenuous mental exercises, a firm balancing of law and equity, a tempering of mercy and
justice, reality and idealism. A judge cannot please both parties. Losing parties especially their lawyers are usually poor
losers.
A judge is not infallible and yet he could not or is not expected to err in the interpretation and application of the law. He
is not god and yet he plays god in deciding cases pending before him. With a stroke of a pen, he could deprive a person
of life, liberty and property. A judge is only human, he has human feelings, personal and financial needs and yet he could
not and should not let such needs tilt the scale of justice towards injustice. As a judge, he should stand above all and yet
he should be opened and reachable by all people from different walks of life.
After understanding the paradox of a trial judge, I begun to be afraid because WE, Judges, are assigned and
constantly exposed to the frontiers of all temptations, active controversies, unfounded suspicions, personal vendettas,
and threats against our lives. We are exposed into an open sea of world vicissitudes and in the midst of the conflicting
forces of life we are left to stand alone firmly on our decisions.”
(By Judge Luisito Cortez, extract from Opening Remarks delivered during the 4th Biennial Convention Seminar
of the Philippine Trial Judges League, Inc., October 16, 2004, Casablanca Hotel, Legaspi City)
Thus – Judge Luisito G. Cortez capsulizes what it is to be a judge, the difficulties of being
one, the essence of public service through the dispensation of justice. He, the Judge, is now
himself being judged, sentenced and condemned because unused to media flurry and in a
burst of honest feeling, has said “what is glory without family? ” in reply to the statement that
he should have handled the infamous Maguindanao Massacre case and not pass up “glory”.
It was not fear for himself that Judge Cortez felt. “I am not the only one to be affected. I have
to consider the security of my family, my staff and their families. It is not a simple issue, and
it’s not as if we’re avoiding the case”. And yet people have disparaged him with remarks
such as “cowardice”, “disgrace to the judiciary” and called for his resignation. But is love of
family “cowardice”? Is genuine concern for the security of fellow workers in the judicial
system and their family an act of “disgrace“? Since when has putting the safety of one’s
family ahead of personal “glory” been a disgrace? But in truth, this is not the only reason
Judge Cortez inhibited himself from handling the Maguindanao Massacre case.
It was not fear for his own life or personal security that impelled Judge Cortez to inhibit
himself. He knew he was already risking his life when he took his oath as a judge. Actual risk
to life did not deter him from pursuing his sworn duty in his 10-year stint as a Municipal Trial
Judge of Plaridel, and 4 years at the Regional Trial Court of Quezon City. During those
times, Judge Cortez did not inhibit himself from a single case, even from any high-profile,
high-risk case because he was afraid for his life.
The reasons for his current inhibition are:
1. He is already handling other high-profile and celebrated cases (the Bersamin
murder case, among others;
2. He is also already handling two RTC Branches, 84 & 85, by reason of the
study leave of the presiding judge of Branch 85;
3. He has been subjected to, and continues to receive, various threats against
his life because of a number of controversial cases he is currently handling;
and
4. Additional controversial cases could aggravate his present medical condition
which is being monitored by the family doctor for the past months.
Because of these reasons, Judge Cortez knows that the ends of justice will not be served if
he were to handle the Maguindanao Massacre case. Time and circumstances will not permit
him. The opportunity to build up his career, many have suggested, has presented itself; but
his life and public service is not about himself and “landmark” cases.
How about the more than 1,000 cases now pending before him that should likewise be
heard? How about the others who have been ahead to seek justice? to seek reparation for
injustice? to start a new life after languishing in jail, forgotten by the system ? One has only
to check the nature and number of cases Judge Cortez has resolved in his 4-year stint at the
RTC Quezon City. One has only to look at the daily calendar of his cases to appreciate his
current load. Where will he get the time to conduct hearings of the Maguindanao massacre
outside the two (2) court salas he has been tasked to handle on full time basis?
Chief Justice Reynato Puno must have asked Judge Cortez for his reasons, and perhaps
understood and appreciated them.
If Judge Cortez were to resign, the loss will be to the justice system he has so assiduously
and faithfully endeavoured to serve. The Judiciary will lose another soldier not in the hands
of hired assassins – that, he has survived so far – but in those of uncharitable critics who
judged and condemned him so hastily.
about 2 months ago
J: thanks for the very informative comment.
about 2 months ago
wow. great post. i have been searching the net about this judge who inhibited from the case and most of the comments, articles, and blogs i have read about him are very mean and harsh. you are definitely right. it’s easy for us to judge him because we are not in his position. i agree with you saying that ‘his act of cowardice is actually an act of bravery’ because despite the consequences of his decision, he was brave enough to stand firm to his decision because he knows that he cannot give his full attention to the case, as he stated in his motion, presenting four reasons. let us just respect his decision to inhibit from the case, at least he knows that not being the right judge to handle the case, it might affect the quality of the trial. i think people should have been more understanding to the person and not castigate him. he deserves respect, and i hope people could still give it to him despite the ‘go-with-the-flow public opinion that has been circulating through media. this country needs more open-minded people who cannot be easily influenced by what most of the people say. someone who has a mind of his own, just like you.