The condemnable practice of a previous regime to collect political trophies by persecuting opponents through the exploitation of judicial shortcomings permeates the litigation process.

The recent acquittal of Presidential Chief Legal Counsel Juan Ponce Enrile and co-accused Gigi Reyes, his former chief of staff, came after nine years of court proceedings, and in Reyes’ case, incarceration during the entire period.

A lawyer familiar with judicial misdeeds recounts that prosecutors and defense attorneys often seek postponements to wear out witnesses from the opposing party.

By resorting to delays, committed witnesses drop out as they either move out of the country, die, or simply become disinterested. Lawyers make money per appearance, regardless of whether a hearing proceeds or is postponed, which provides limited incentive for the speedy disposition of cases.

Prosecutors favor prolonged trials as long as the accused is detained, while defense attorneys work to extend trials, particularly when the accused is out on bail.

The main consideration for lawyers is that they regularly collect their fees. Judges have the responsibility to guide proceedings and ensure that frivolous postponements are not allowed.

A culture of efficiency is necessary, where judges establish strict schedules, penalize litigators’ attempts to delay, and model behavior of punctuality and moral integrity.

Judges who allow postponements as professional courtesy create a “culture of leniency,” where prosecutors and defense attorneys use all available legal sleight of hand to seek delays and prolong proceedings.

Police officers and prosecutors often find legal loopholes that render a case non-bailable, thus infinitely prolonging trials.

For instance, a homicide case becomes a murder case, a simple theft turns into qualified theft, acts of lasciviousness become rape, and a Section 11 offense (drug use) escalates to a Section 5 offense (drug trafficking) to ensure that the accused is automatically denied bail, leaving the courts to decide much later in the proceedings whether to grant bail or not.

The various dispensers of political power have weaponized the filing of the “nature of charges” and the subsequent granting or denial of bail.

In the greater scheme of things, the ruling power systematically uses such tactics against the opposition, and when the opposition is in power, it does the same.

What is good for the goose is good for the gander. A non-bailable charge, to some legal experts, is a misnomer since the Constitution provides the presumption of innocence to the accused.

The private initiative Community Bail Bond program, which bails out persons deprived of liberty, shows that when properly monitored and supervised, PDLs appear in court voluntarily and do not attempt to jump bail.

PDLs can find employment, be responsible members of the community, and contribute to society, even when they are accused of a crime. When convicted, they can surrender and face the legal and moral consequences of their actions.

Magistrates of the Supreme Court should lead in raising the standards for the judiciary and preventing the recurrence of injustices resulting from legal wizardry that exploits the deficiencies of the legal system.