Manual Criminal Justice System

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Cagayan State University

College of Arts and Sciences
Department of Social Sciences and Philosophy
Political Science Program
NOTES & WORKBOOK IN
PHILIPPINE CRIMINAL
JUSTICE SYSTEM
ARCHIMEDES CARAG ARTICULO
AB Philosophy, cum laude, University of the Philippines, Diliman

MA in Philosophy, University of the Philippines, Diliman
Bachelor of Laws and Letters (LL.B.), University of Cagayan Valley
Master in Business Administration (MBA), University of Cagayan Valley
Doctor in Legal and Public Administration, Cagayan State University
Copyright 2017
No parts of this material may be reproduced without the express
approval of the Author. Exclusively for use of CSU. Not For Sale.
NOTES AND WORKBOOK IN PHILIPPINE CRIMINAL JUSTICE SYSTEM

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Section 1
PRELIMINARIES
A. OVERVIEW1
1.
The term criminal justice encompasses a chain of events, activities, tasks, or functions that
constitute the official response to perceived problems of law and order, which includes the
following:
1.1. Crime prevention and crime reduction;
1.2. The arrest and prosecution of suspects;
1.3. The hearing of criminal cases by the courts;
1.4. Sentencing, administration and enforcement of court orders;
1.5. Parole and other forms of license for prisoners; and
1.6. Work with offenders and ex-offenders in prison or in the community.2
2.
The criminal justice system is the mechanism which the society uses in the prevention and
control of crime. It consists of:
2.1. The system of courts, including the barangay justice system, the informal justice system
implemented through practice particularly by indigenous communities, and the quasijudicial bodies empowered by law to perform adjudicatory functions;
2.2. The systems for law enforcement and prosecution which involve investigating,
apprehending and prosecuting those who could not be deterred from violating the law and
the rules of the society;
2.3. The system of corrections and rehabilitation or the means of rehabilitating offenders and
returning them to the community as law-abiding citizens; and
2.4. The community which collectively imposes limitations on individual behaviour of citizens
for the common good of civilized and democratic society that deters criminality and criminal
behaviour;
3.
Along the above features, the Supreme Court has provided a definition of the criminal justice
system which has been used as a working definition in this further study on the five pillars of
the criminal justice system. The Supreme Court defines the criminal justice system as:
. . . the system or process in the community by which crimes are
investigated, and the persons suspected thereof are taken into
custody, prosecuted in court and punished if found guilty, with
provision being made for their correction and rehabilitation.
Mejia, Cecille, et. al., ASSESSMENT OF THE CAPACITY OF THE PILLARS OF THE PHILIPPINE CRIMINAL
JUSTICE SYSTEM, (2011); see also Supreme Court of the Philippines and UNDP, Conduct of Further Study on
Operations and Linkages of the 5 Pillars of Justice Supreme Court of the Philippines: Final Report, 2-1 (March
2006) [hereinafter SC & UNDP, 2006 Final Report].;
2
Bryan Gibson and Paul Cavadino, The Criminal Justice System: An Introduction, 9 (2008)

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4.
The goals of the criminal justice system are:

a) To make sure that there are no wrongful convictions and that the right person is identified
and convicted of the crime he/she committed; that both suspect and victim have access to
remedies; that they are provided with a speedy and impartial process that ensures the
protection of their human and legal rights, and equal treatment before the law; that the
appropriate remedy is applied to the convicted; and, that while serving sentence the
convicted is accorded humane treatment and adequate support to enable him to develop or
redevelop his capacity as a good and productive member of the community.
b) To gain and sustain the trust and confidence of the community, and engage the community
as an active and effective partner in solving crime, and in facilitating the provision of
remedies particularly through restorative justice.
c) To develop capacity of communities to demand accessible, speedy, impartial and quality
justice, and in particular the appropriate remedies for their grievances.
5.
Types of Crimes
5.1. The law provides presumption of innocence of all suspects and detained persons until
proven guilty in court.
5.2. There are about 18 types of crimes as specified in the penal code and other laws:
a) Crimes against national security and law of nations
b) Crimes against the fundamental laws of the state
c) Crimes against public order
d) Crimes against public interest
e) Crimes related to opium and prohibited drugs
f) Crimes against public morals
g) Crimes committed by public officers
h) Crimes against persons
i) Crimes against personal liberty and security
j) Crimes against property
k) Crimes against chastity
l) Crimes against civil status of persons
m) Crimes against honour
n) Quasi-judicial Offenses
o) Special crimes as provided for under special laws such as carnapping, hijacking,
plunder, etc.)
p) Violations of city and municipal ordinances
q) Crimes handled by special courts such as corporate crimes, heinous crimes,
intellectual property rights violations, violation of forestry laws
r) Crimes under the jurisdiction of the Barangay Justice System
6.
These types are based on the classification of cases by the courts. There is no formally
established common and operational classification of crimes within the criminal justice
system other than that provided for in the penal code and other crime legislation. The

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unification and codification of criminal law and crime classifications will help in harmonizing
information across the pillars of the criminal justice system;
7.
Institutional Framework
7.1. The criminal justice system of the Philippines comprises of 5 pillars with the formal
inclusion of the community among the pillars of the criminal justice.
8.
In the Philippines responsibility for the criminal justice system is primarily with the national
government with local governments performing supportive roles.

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Section 2
THE PHILIPPINE CRIMINAL JUSTICE
SYSTEM
A. INTRODUCTION
1. In the Philippines, the Criminal Justice System consists of:
1.1.The system of courts, including the barangay justice system, the informal justice system
implemented through practice particularly by indigenous communities, and the quasi-judicial
bodies empowered by law to perform adjudicatory functions;
1.2.The systems for law enforcement and prosecution which involve investigating, apprehending
and prosecuting those who could not be deterred from violating the law and the rules of the
society;
1.3.The system of corrections and rehabilitation or the means of rehabilitating offenders and
returning them to the community as law-abiding citizens; and
1.4.The community which collectively imposes limitations on individual behaviour of citizens
for the common good of civilized and democratic society that deters criminality and criminal
behaviour.3
2. Meanwhile, the Supreme Court has adopted the vision of the Criminal Justice System as
follows:
To provide the public an effective system or process in the community by which crimes
are investigated, and the persons suspected thereof are taken into custody, prosecuted in
court and punished if found guilty, with provision being made for their correction and
rehabilitation, and to provide the people the ability to seek and obtain a remedy through
formal or informal institutions, and in conformity with human rights standards.4
B. THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1. The following agencies comprising the five pillars of the Philippine Criminal Justice
System:
PILLAR
Law Enforcement
AGENCIES
Philippine National Police (PNP)
National Bureau of Investigation (NBI)
Philippine Drug Enforcement Agency (PDEA)
National Police Commission (NAPOLCOM)
Armed Forces of the Philippines (AFP)
Supreme Court of the Philippines and UNDP, Conduct of Further Study on Operations and Linkages of the 5 Pillars
of Justice Supreme Court of the Philippines: Final Report, 2-1 (March 2006) [hereinafter SC & UNDP, 2006 Final
Report].
4
Supreme Court of the Philippines, UNDP, and UP-NCPAG, Medium-Term Development Plan for the Criminal
Justice System 2010-2016 (Dec. 2006)

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PILLAR
Prosecution
AGENCIES
National Prosecution Service (NPS)
Office of the Ombudsman
Public Attorneys Office (PAO)
Courts
Supreme Court (SC)

Court of Appeals (CA)
Court of Tax Appeals (CTA) Sandiganbayan (SB)
Corrections
Bureau of Corrections (BUCOR)

Bureau of Jail Management and Penology (BJMP)
Board of Pardons and Parole (BPP)
Parole and Probation Administration (PPA)
Department of Social Welfare and Development (DSWD)
Department of the Interior and Local Government (DILG)
for provincial and sub provincial jails; Philippine National
Police (PNP) for district, city, and municipal jails
Community
Commission on Human Rights (CHR)

Department of Social Welfare and Development (DSWD)
Public Attorneys Office (PAO)
National Commission on Indigenous Peoples (NCIP)
Department of the Interior and Local Government (DILG)
National Barangay Operations Office (NBOO)
2. Each of these five pillars plays a vital role in the administration of justice and, as such,
their interplay and cooperation is most necessary for the proper functioning of a Criminal
Justice System.
2.1. Law Enforcement Pillar:
The first pillar is the Law Enforcement Pillar. It consists mainly of the officers and
personnel of the Philippine National Police, National Bureau of Investigation,
Philippine Drug Enforcement Agency, Anti-Money Laundering Council (AMLC),
Armed Forces of the Philippines, and 34 other related agencies. These agencies are
at the forefront of the Criminal Justice System of the country. They x x x directly
deal with the citizens and are directly exposed to the criminal elements.5
Clearly, it is thus necessary that the member agencies within this pillar are both
trained and well-oriented with the ways of civil society.6
John Maru, Effective Administration of the Police and Prosecution in Criminal Justice of Papua New Guinea, 120th
International Senior Participants Paper, 158 (last accessed Nov. 28, 2010).
6
Felizardo Y. Francisco, Making a Difference in the Life of Students (last accessed Nov. 29, 2010).

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Their work consists of the prevention and control of crimes, enforcement of laws and
effecting the arrest of offenders, including the conduct of lawful searches and
seizures, to gather necessary evidence so that a complaint may be filed at the
Prosecutions Office. Identified as the first point of contact with the community, this
pillar initiates the CJS machinery upon arresting a person believed to be a suspect.7
2.2.Prosecution Pillar
The second is the Prosecution Pillar, which is composed of the National Prosecution
Service of the Department of Justice (DOJ), Office of the Ombudsman, and the Public
Attorneys Office.
While the focus of this pillar is the speedy disposition of cases, its principal task is
the investigation of criminal complaints emanating from the community and the law
enforcement agencies, and bringing these complaints to their successful prosecution
in the judicial system.
The prosecution pillar conducts preliminary investigation of cases filed in the
prosecutors office and prosecutes cases filed in the court against alleged offenders
after probable cause is established.
2.3.Courts Pillar
The Courts Pillar adjudicates cases and renders judgment. The Philippine Judiciary
is a four tiered court system consisting of:
a) The Supreme Court as the highest court of the land;
b) The intermediate courts consisting of the Court of Appeals, Sandiganbayan,
and Court of Tax Appeals;
c) The second level courts, which consist of Regional Trial Courts and Sharia
District Courts; and
d) The first level courts consisting of Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial
Courts and Sharia Circuit Courts.
The goal of the Courts Pillar is not merely to adjudicate cases, but to do so in
accordance with the Rule of Law and without sacrificing the quality of justice.8
Interestingly enough, the overall performance of the CJS may be determined by the
performance of the Courts Pillar. Many of the factors that affect the disposition of a
litigation such as those that are in relation to the procurement of witnesses and
evidence, the determination of probable cause and the like are clearly outside of the
control of the Judiciary.
Rutchie Cabahug-Aguhob, RPOC-NorMin formulates Integrated Area/Community Public Safety Plan (last accessed
Nov. 29, 2010). 16 SC and UNDP, 2006 Final Report, supra note 10, at 4-1.
8
Ma. Millagros M. Matias and Melchor Julianes, Communitys Participation in the Criminal Justice System Process:
Impact on Victimization Prevention (last accessed Nov. 26, 2010).

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Nevertheless, because the litigation process brings all these factors together, [t]he
performance of the courts therefore would serve to synthesize to a large extent the
overall performance of the criminal justice system.
2.4.Corrections Pillar:
Comprising the Corrections Pillar are the jails and prisons administered by the Bureau
of Corrections (BUCOR), the Bureau of Jail Management and Penology, and by the
local government units with regard to provincial and sub provincial jails. The
Philippine National Police likewise maintains detention facilities in its different
police stations nationwide.
The Corrections Pillar may also be classified into two: institution-based and
community-based corrections.
On one hand, the institution-based corrections include prisons and jails which house
prisoners serving terms of imprisonment; under detention status; and those for
safekeeping in selected cases. On the other hand, community-based corrections
pertain to probation and parole. These are being managed by the Parole and Probation
Administration of the DOJ. PPA conducts a post-sentence investigation of petitioners
for probation as referred by the courts, as well as pre-parole/pre-executive clemency
investigation for those referred by the Board of Pardons and Parole, to determine the
suitability of the offender to be reintegrated in the community instead of serving their
sentence inside an institution or prison.
The PPA further supervises probationers, parolees and conditional pardonees to
promote their rehabilitation and reintegration to the mainstream of society. It
mobilizes the community resources, especially through volunteer probation aides.
2.5.Community Pillar:
The Community Pillar is composed of institutions such as the Department of Social
Welfare and Development, Commission on Human Rights, National Commission on
Indigenous Peoples, Public Attorneys Office , barangays, civic organizations, and
non-governmental organizations. Members of the Community Pillar are regarded to
be both duty holders and claimholders in the administration of justice. As duty
holders, they have the responsibility to assist law enforcement and the courts in
solving crime by providing information, by community participation in crime
prevention and creating a culture of peace, and by supporting the mobilization of
resources for peace and order.
As claimholders, they are the beneficiaries of the justice system and they play critical
roles in holding system duty holders accountable.9
SC and UNDP, 2006 Final Report, pp. 2-7

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Likewise, [i]t is x x x emphasized that the community as a subsystem of the whole

cyclical process is the most critical and useful component of the Criminal Justice
System considering its massive and pervasive composition. This also plays a crucial
role towards the societys common goal of a fair and equal administration of justice
either victims or criminals.
3. The importance of the Community Pillar cannot be overemphasized. In its own manner, it
ideally participates in two main responsive roles of the CJS: first, that of crime prevention,
and second, that of victim prevention.
4. As for the first, this pillar collectively imposes limitations on individual behavior of
citizens that deter criminality and criminal behavior for the common good of civilized and
democratic society.
5. Meanwhile, in relation to the second, it has been recommended that communities must
disseminate more information regarding the roles and functions of the other components
of the CJS, as well as broaden its own, in order to responsively contribute to victimization
prevention.
6. Ultimately, criminals will come from the community and some will return to it.
7. From this alone, it can be seen how much impact the Community Pillar can have in the
rendition of justice. By participating in government programs, though not entirely related
to the criminal justice system such as livelihood programs and the like, the community can
therefore help lessen the crimes by diverting what would be criminal enterprise into
something more productive.
8. Additionally, by aiding in the capturing of criminals and in their subsequent prosecution,
they can likewise ensure proper and just redress for crimes.
9. The Interrelation and Cooperation Between and Among the Pillars of the CJS Given that
the pillars operate in just one system, the efficiency and effectiveness of one can easily be
hampered by the inefficiency and incompetence of the other, notwithstanding the fact that
they function separately. This is because [n]o pillar can operate in isolation for the
performance of each impacts on the other.10 The system is a step-by-step process, where
many of the roles are independent, interconnecting and overlapping.11
10. Therefore, in order for the system to operate smoothly, cooperation, coordination and
concerted efforts of the pillars, namely the police, the prosecutors, the judiciary as well as
the correctional services are necessary. The figure below shows the interaction between
and among the Pillars of the Philippine CJS.
Chief Justice Reynato Puno, Right and Righteous Justice, Speech delivered at the PNP Ethics Day, Camp Crame,
Quezon City (Jan. 7, 2008).
11
Ina Reformina, Replacing Punitive Justice with Restorative Justice (last accessed Nov. 29, 2010)
10

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11. Acknowledging that each pillar depends on the other, it cannot be stressed enough that for
the Philippine CJS to be effective, coordination between and among the different pillars
must be strengthened. A stronger CJS will, undoubtedly, not only result in a safer and more
just society but also, inevitably, contribute to the economic development of the country.
This is because it is believed that there exists a link between economic development and
amenities such as low crime rate.12
12. For a developing country like the Philippines, there is thus more reason to engage in the
assessment and improvement of its CJS. An investment of effort in this exercise can
certainly prove to be economically beneficial for all.
13. Insufficiency of funds is a common problem plaguing the pillars. This is expected
considering that the budget allocation for the entire Criminal Justice System is less than 10
percent of the total national budget. Moreover, a bulk of the allocated budget goes to
personnel services with a small amount remaining for the institutions programs and
activities. Most difficulties consequently stem from this problem: lack of personnel;
12
Catherine L. Lawson and Joanne Katz, Urban Economic Development and Restorative Justice: Exploring the
Relationship Between Creativity and Crime Control (last accessed Nov. 29, 2010).

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inadequate facilities; slow disposition of cases; congestion of courts; overcrowding of jails;

and non-implementation of laws.

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Section 3
THE CRIMINAL JUSTICE SYSTEM AND
ECONOMIC DEVELOPMENT
1. There is a need to explore the link between the Criminal Justice System and Economic
Development;
2. Dr. Venida argued that development must be looked at from a long-term perspective
recognizing that development cannot be completed within the limits of one particular
presidential term.13
3. However, he admitted that due to the constraints of policy-making the dependence on the
priorities of the present administration policy planners must find a way to respond to
those limitations. To frame the discussion, Dr. Venida provided a brief overview of the
basic precepts of the subject of economics.
4. According to him, economics is the interrelationship of human wants and the worlds
scarce resources of labor, natural resources, and physical, financial, human and social
capital. Since human wants and desires are infinite, they make all these resources scarce to
satisfy all human wants and desires.
5. Economics becomes a tool to understand how an equitable distribution of resources can be
achieved. Since not all human wants can be satisfied, some human wants will have to be
sacrificed; while others have to be satisfied ahead of the others. This is the difficult situation
that leaders must face in the context of economic planning government will have to make
choices. If it decides to build more roads and bridges, other projects and services will lose
funding or be postponed.
6. Dr. Venida then posed the question, Why do we have a Medium-Term Philippine
Development Plan? According to him, the assumption is that the Philippines wants to be
a developed economy. In order to achieve this, we must look at successful economic
models to identify the elements that characterize a developed economy. Dr. Venida
pointed out that an important aspect of a developed economy is that most of its employed
persons are engaged in productive activities. Productive activities are activities that
directly increase the capacity of a society to produce goods and services. These are
essentially any profession or activity that is NOT unproductive;
13
Based on the lecture of Dr. Victor Venida delivered during the Focus Group Discussion on September 23, 2010, at
the Fr. Bernas Center for Continuing Education, Ateneo Professional Schools, Rockwell, Makati City. As cited in
Supreme Court of the Philippines and UNDP, Conduct of Further Study on Operations and Linkages of the 5 Pillars
of Justice Supreme Court of the Philippines: Final Report, 2-1 (March 2006) [hereinafter SC & UNDP, 2006 Final
Report].

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7. If the Philippines is serious about developing its economy, it has to produce jobs that are
productive in nature. Unfortunately, Dr. Venida observed that historically all societies put
a premium on unproductive endeavors namely, administration, management, government
services, military, law, the religious, trade, finance, and accountancy. These activities do
not directly increase societys productive capacity per se. Dr. Venida was quick to add that
while these sectors may be unproductive, they are nevertheless necessary to the efficient
operation of the economy.
8. The military, for example, plays an important role in ensuring that external threats against
our sovereignty are prevented; the legal profession clarifies issues on ownership and assists
in the orderly administration of justice. Succinctly, Dr. Venida stated that these professions
are socially necessary.
9. Imagine the chaos if there is no government or military or the legal and accountancy
professions. These sectors allow for the rest of the economy, the productive sectors, to
continue to expand to generate incomes and employment.
10. The challenge then for these professions is to render efficient services to make sure that
government, accountants, managers, the military, police, judiciary, and lawyers can deliver
the most number of services to the most number of people, in the least amount of time and
resources. Related to the need to maintain efficiency, Dr. Venida forwarded this question:
What makes an economic system grow?
11. Contrary to common perception, Dr. Venida stated that it is not dependent on the actual
amount of money and funds that are available, rather, it is how fast those goods, services,
people and thus money and funds circulate in the economic system. The faster this
circulation, then the greater is the level of economic activity. This highlights the need to
keep government processes efficient as these greatly assist in speeding up this circulation.
12. According to Dr. Venida, however, the CJS must do more than ensuring that it remains an
efficient system. Instead, he enumerated three considerations for the CJS, namely:
12.1. Efficiency As previously discussed, ensuring the efficiency of government
services has a positive impact on the entire economic system and processes of the
country. Since time is one of the most important resources that people have, the
least amount of it wasted, the more services can be delivered. To highlight the
need for efficiency, it must be noted that foreign corporations are often
discouraged to invest in the Philippines, not because of the economic climate, but
because of the delays in procuring permits and clearances from government
agencies. In developed countries, government services, like the police and the
courts, are so efficient that investors are not afraid to put up businesses or even
relocate. They know that they will have effective redress for any grievance they
may have. Efficiency entails speedy resolution of any matter that has to be dealt
by government, such as in prosecution and litigation, or even as simple as
payments for services or projects contracted;

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12.2. Long-term issues such as sanctity of contracts and continuation of programs The
stability of contracts and institutional respect for legal relationships are important
considerations for investors, whether foreign or local. Investors need to know that
even after 30 years, their ownership over a particular piece of property remains
intact. Investors need the assurance that the contract they entered into in 2010 will
be respected in 2020, regardless of the change in administration. Similarly,
investments, such as infrastructure and social services, require a dedicated longterm policy. Presidents and their administrators need to know that they are not
required to radically change each and every policy of the previous president.
From planning to completion of big ticket infrastructure projects, for example, it
would require years, even decades, of constant funding;
12.3. Governance: The increased monetization of transactions According to Dr.
Venida, Filipinos still believe in pre-modern attitudes towards commissions and
brokers. In developed economies, people get paid for getting things done. Dr.
Venida cites a personal example of his cousin who works for a construction firm
in California.
His work consists of procuring permits from city hall, a traditionally tedious task
which normally takes at least two weeks. Perhaps, using his powers of persuasion,
Dr. Venidas cousin can have permits released the same day. In turn, his boss
compensates him for the speedy procurement of the permits. In other words, his
cousin gets a permanent job, good pay and legal residency for his ability to
expedite the processing of official papers.
In the Philippines, the act of giving a commission or paying to expedite
transactions is frowned upon. A Filipino would normally react to that by
questioning the wisdom behind paying this type of a job since,bakit siya
babayaran, eh ang puhunan niya ay laway lamang. In developed economies, kung
puwedeng pagkakitaan o pagkatipiran ang laway mo, babayaran ka nila. (Why
should one get paid for (perceived) minimum effort or, simply, lip service? In
developed economies, one is paid for the least effort/contribution). Commissions
and payments for services are standard practices in developed economies and are
thus treated as part of taxable income. These forms of remuneration are still, by
and large, considered illegal in the Philippines.
13. In sum, Dr. Venida reiterated, in different terms, some considerations for the CJS: The
importance of nonviolent, impartial settlement of disputes. Investment on court systems,
prison systems, technology, training of people and the like are necessary to deliver fast and
efficient justice.
14. Increase in demand: population increase and urbanization. Government has to lay down
long-term plans to anticipate the needs of the people in the future. Modern economies do
not react to the needs of the people at the present. Rather, modern economies prepare for
the contingencies of the future. New York, for example, had already foreseen a water
shortage in the coming years. Instead of waiting for that to happen, it has already invested
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in underground water reservoirs and pipes to ensure that the foreseen water shortage never
comes to fruition. This project began in 1980 and is expected to be completed in 2020, and
every elected administration has respected the original contract and played its own part in
supporting the completion of this massive undertaking. In the Philippines, the government
and its leaders must prepare for the future of 150 million Filipinos in about 40 to 60 years.
Social services, infrastructure for education and health will have to be prepared for an
impending population expansion;
15. Efficiency: rules, settlement, time, decriminalization of crimes which are not inherently
evil to focus societys resources in addressing really serious crimes such as murder, rape,
or robbery. In that way, the governments resources are not funneled into addressing issues
that other countries, like the Netherlands and the United States, already consider legal.
C. The Philippine Criminal Justice System: Goals and Thrust Having explored the link
between economic development and the Criminal Justice System, the Report now presents
a summary of the Medium-Term Development Plans (MTDP) of the pillars for 2010-2016.
The plans indicated in the MTDP ensure the means by which the pillars intend to effect
changes and developments for each, not only to aid in strengthening the system as a whole
and thus contributing to economic development, but also to provide access to justice for
all.

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Section 4
ACCESS TO JUSTICE
A. ACCESS TO JUSTICE: DEFINED
1. The UNDP defines access to justice as the ability of people to seek and obtain a remedy
through formal or informal institutions of justice, and in conformity with human rights
standards.
2. Internationally, it is recognized by States that a formal definition of access to justice can
be found in the 1998 Aarhus Convention14 stating that the term may mainly refer to access
to a review procedure before a court of law or another independent and impartial body
established by law.
3. Some authors define access to justice as follows: Access by people, in particular from
poor and disadvantaged groups, to fair, effective and accountable mechanisms for the
protection of rights, control of abuse of power and resolution of conflicts. This includes the
ability of people to seek and obtain a remedy through formal and informal justice systems,
and the ability to seek and exercise influence on law-making and law-implementing
processes and institutions.15
4. In the Philippines, access to justice is a right guaranteed under the 1987 Constitution.
Article III, Section 11 thereof states: Free access to the courts and quasi-judicial bodies
and adequate legal assistance shall not be denied to any person by reason of poverty.
Recognizing access to justice as a constitutional right, the Philippine Supreme Court issued
A.M. No. 08-11-7-SC,56 Re: Request of National Committee on Legal Aid to Exempt Legal
Aid Clients from Paying Filing, Docket and Other Fees, for the purpose of [opening] the
doors of justice to the underprivileged and x x x allow[ing] them to step inside the courts
[to seek remedies];
5. Access to justice by all, especially by the poor, is not simply an ideal in our society. Its
existence is essential in a democracy and in the rule of law. As such, it is guaranteed by no
less than the fundamental law:
6. The Court recognizes the right of access to justice as the most important pillar of legal
empowerment of the marginalized sectors of our society. Among others, it has exercised
its power to promulgate rules concerning the protection and enforcement of constitutional
rights to open the doors of justice to the underprivileged and to allow them to step inside
the courts to be heard of their plaints. In particular, indigent litigants are permitted under
14
Convention on Access to Information, Public Participation in Decision Making and Access to Justice in
Environmental Matters, June 25, 1998, 2161 U.N.T.S. 450.
15
A Framework for Strengthening Access to Justice in Indonesia (last accessed Dec. 3, 2010), citing Bedner (2004),
Towards Meaningful Rule of Law Research: An Elementary Approach, MS Unpublished, VVI, Leiden; and UNDP
(n.d.), Access to Justice Practitioner Guide. 56 Issued on Aug. 28, 2009.

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Section 21, Rule 3 and Section 19, Rule 141 of the Rules of Court to bring suits in forma
pauperis.
B. ACCESS TO JUSTICE AND DEVELOPMENT
7. Studies have been conducted which examined the correlation between access to justice and
poverty reduction. The World Bank, the UNDP, and the Asian Development Bank view
the relationship between justice and development quite differently.16
8. The World Bank considers justice and the access to justice a catalyst for economic growth.
Thus, there is a tendency for the Banks programs to be geared more towards the
institutional approach to justice. It is noticeable how the main thrust of the Banks justice
and justice-related programs are directed to strengthening the capacities of legal and
judicial institutions.
9. The underlying belief is that [i]f these institutions are able to absorb the demands of and
render judicial services to their constituents, then improvements in the quality life can take
place. Thus, it may be concluded that [e]conomic growth is x x x affected by a sound
and functioning judicial system.17
10. The UNDP views justice as closely related to poverty eradication. As explained by the
UNDP: Access to justice is essential for poverty eradication and human development for
the following reasons:
10.1.
10.2.
10.3.
Firstly, groups such as the poor and disadvantaged who suffer from discrimination,
also fall victim to criminal and illegal acts, including human rights violations.
Because of their vulnerability, they are more likely to be victims of fraud, theft,
sexual or economic exploitation, violence, torture or murder.
Secondly, crime and illegality are likely to have a greater impact on poor and
disadvantaged peoples lives, as it is harder for them to obtain redress. As a result,
they may fall further into poverty. Justice systems can provide remedies which will
minimize or redress the impact of this e.g., by clarifying agreements and titles,
determining financial compensation, and enforcing penal measures.
Thirdly, justice mechanisms can be used as tools to overcome deprivation by
ensuring, for instance, access to education by girls and minorities, or by developing
jurisprudence on access to food, health or other economic, cultural or social human
rights.
16
La Salle Institute of Governance, Background Paper on Access to Justice Indicators in the Asia-Pacific Regions,
10-11 (2003).
17
See Michael Anderson, Access to Justice and Legal Process: Making Legal Institutions Responsive to Poor People
in LDCs (2003); Asian Development Bank, Law and Policy Reform at the Asian Development Bank (2001);
Buscaglia, Investigating the Links Between Access to Justice and Governance Factors: An Objective Indicators
Approach (2001); Christine Parker, Just Lawyers: Regulation and Access to Justice (1999); United Nations
Development Programme, Asia-Pacific Rights and Justice Initiative: Operationalizing the Practice Concept,
consolidated by Kathmandu and Bangkok SURFs (2003); World Bank, Legal and Judicial Sector at a Glance (2000).

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Lastly, fair and effective justice systems are the best way to reduce the risks
associated with violent conflict.
11. The elimination of impunity can deter people from committing further injustices, or from
taking justice into their own hands through illegal or violent means.
11.1. The Asian Development Bank, on the other hand, believes that the existence of a
legal environment conducive to development is essential for all developing
countries.
11.2. Thus, the activities and programs tend to promote the rule of law through a propoor legal and institutional framework for economic development: The legal
system cannot operate without institutions that make these rules realized through
effective and dynamic interpretation and enforcement. Similar to the previous two
development agencies, ADB also makes a different interpretation as regards the link
between justice and development.
11.3. In order to establish the relationship between justice and development, there must
be an adequate level of legal empowerment. Legal empowerment is defined both as
a process and a goal.
11.4. As a process, legal empowerment involves the use of law to increase disadvantaged
populations control over their lives through a combination of both education and
action. As a goal, legal empowerment refers to the actual achievement by the
disadvantaged of increased control of their lives through the use of law.
11.5. The difference between these two lies in the actual control of disadvantaged groups
and peoples using the law. Legal empowerment therefore serves as an indicator of
access to justice. Furthermore, legal empowerment acts as a link to realize the
synergy between governance, justice and poverty eradication.
10.4.
C. ACCESS TO JUSTICE AND POVERTY

12. The discussion above illustrates how the ability to access justice is used as an indicator of
development. Increased access to justice is said to result in the improvement of the welfare
of the poor. Indeed, the poor are more vulnerable since they are less likely to take legal
actions because of heavy financial repercussions attendant to some of these remedies.
13. Thus, they often become victims of crime; they are unable to assert land rights; they fail to
secure certain property rights. Increasing access to justice also affects governmental
institutions. As the World Development Report notes, legal institutions play a key role in
the distribution of power and rights. They also underpin the forms and functions of other
institutions that deliver public services and regulate market practice.18 As the World
Development Report 2006 states, peoples legal rights remain theoretical if the institutions
charged with enforcing them are inaccessible.69 Once a normative system that protects
the poor exists, and legal awareness is increased, appropriate institutions, both formal and
informal, need to be accessible to all. Accessibility, therefore, encompasses the following
dimensions: physical access; financial access; sensitive service delivery; and access to nonstate justice systems.
18
Asian Development Bank, Law and Policy Reform at the Asian Development Bank (2001); World Bank, World
Development Report 2006: Equity and Development, 156 (2005).

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14. Physical access refers to ensuring that institutions are close to users and provide userfriendly services.72 Financial access pertains to the costs involved in accessing legal
institutions be they direct (e.g., filing fees) or indirect (e.g., transportation) which present
a major hindrance to access to justice for the poor.
15. Sensitive service delivery refers to sensitivity with respect to the needs of the poor and
marginalized, women, indigenous peoples, persons with disabilities, and children. Access
to non-state justice systems refers to informal systems like arbitration and mediation. In
the Philippines, this would include the Katarungang Pambarangay.
D.
ACCESS TO
INDICATORS
JUSTICE,
DEVELOPING
CAPACITIES,
AND
CAPACITY
16. Legal institutions are essential to the practice of justice; however, they do not necessarily
guarantee justice especially when they are unable to deliver the remedies promised by law.
The availability of legal procedures does not likewise automatically result into just
outcomes. When institutions and procedures are unable to deliver or act as they should,
they have insufficient capacities to provide access to justice;
17. All these, in one way or the other, contribute to reinforcing the vulnerability of the
marginalized and their inability to obtain the remedies that may be rightfully theirs. As
such, it is clear that both insufficient capacities are a major obstacle to effective access to
justice;
18. While the concept of capacities will be further discussed in the succeeding sections of this
Report, suffice it to say that a clear link between access to justice and developing the
capacities of a justice system exists that cannot be ignored. It is thus important to improve
institutions and sectors to meet the demands of access to justice. In particular, there are
those who would advocate that risks be minimized and capacities be developed so that it
likewise works for the disadvantaged.

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Section 5
ASSESSING THE CAPACITIES OF THE
PILLARS OF THE PHILIPPINE
CRIMINAL JUSTICE SYSTEM
A. CAPACITY: DEFINED
1. The UNDP defines capacity as the ability to solve problems, perform functions, and set
and achieve objectives.19
2. Recognizing the link between access to justice and capacities, the UNDP states that access
to justice can be divided into different stages: starting from a moment a grievance occurs
(causing a dispute) to the moment redress is provided. Full access is ensured when the
process is completed.
3. The process of justice requires different skills at different stages x x x. These key capacities
form the basis of UNDP support on access to justice x x x. The three major dimensions of
capacity development are:
3.1. Normative protection Normative protection refers to individual and collective
capacities to ensure that justice remedies to disadvantaged people are legally
recognized, either by formal laws or by customary norms;
3.2. Supply of remedies Includes capacities enabling adjudication of decisions,
enforcement of remedies and accountability of the process through civil society and
parliamentary oversight;
3.3. Demand for remedies This relates to the key skills people need to seek remedies
through formal and informal systems, including legal awareness, legal aid, and other
legal empowerment capacities.84
4. Note, however, that insufficient capacities are not the only obstacle to access to justice.
5. Risks attach when one seeks to deliver justice. The risks may include economic loss,
physical threats, social ostracism, among others. Thus, any strategies on access to justice
should take into account risks and should attempt to minimize them.
6. [C]apacity development requires both the accountability and empowerment of both
stakeholders. Claimholders need to strengthen their capacities to become accountable in
the exercise of rights; duty bearers often need to be empowered to be able to fulfill their
obligations more effectively.20
19
UNDP, Programming for Justice supra note 2, at 6; Asian Development Bank, Law and Policy Reform at the
Asian Development Bank (2001); La Salle Institute of Governance, supra note 59, at 5.
20
Asian Development Bank, Law and Policy Reform at the Asian Development Bank (2001); La Salle Institute of
Governance, supra note 59, at 5.

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7. In Developing capacities, it is also suggested that any capacity development approach

should promote activities that build on these strengths. From the UNDPs standpoint,
capacities must be developed so as to ensure it also works for the disadvantaged. This is
because the disadvantaged are the more vulnerable and less able to use justice remedies,
which further reinforces their vulnerability.
B. INTERNATIONAL CAPACITY INDICATORS
8. As countries have different legal systems, it is expected that the obstacles and risks facing
the pillars of the CJS may vary. However, while countries may differ in their practices with
respect to building capacities, there are common denominators underlying these practices.
These include the following indicators: resources, performance (productivity), and
punitivity.21
9. In the Philippines, the concept of a CJS is necessarily understood as being composed of
five pillars. For the CJS to function in an effective and efficient manner, it is necessary for
the pillars to act in cooperation with the other, to ensure that justice is administered as it
should be.
10. By looking at these indicators, one may develop a comprehensive perspective of the CJS
and how it functions across borders. While this section of the Report hopes to provide
desired capacities under international standards, it is submitted that an internationally
applicable quantitative perspective cannot be readily given, or if given, cannot be afforded
absoluteness. This is because while the CJS of other countries may be similarly composed
of the five pillars, the manner by which they act and the scope of their functions necessarily
vary and are determined by each jurisdiction.
11. Given these, there are clearly numerous variables that affect the data gathered and thus, the
numbers themselves admit of discrepancies which cannot support the existence of an
applicable quantitative international standard. Some of these figures were collected by
surveys conducted by United Nations Surveys on Crime Trends and the Operations
Criminal Justice System (UN-CTS) but caution must be exercised in taking these figures
at face value. They must not be taken without adequate commentary regarding known
problems in relation to its validity and interpretation problems.
12. Additionally, [a]s regards the overall performance of criminal justice systems in
international perspective, UN-CTS data is not able to provide a valid answer. [This is
because] such an overall assessment would necessarily mean an in-depth look at the
criminal justice systems of the different countries in theory and practice. And even with
sufficient knowledge on all criminal justice systems of the world it would be a very
ambitious task to translate this knowledge into a handy performance task index, allowing
for a ranking of countries based on the quality of criminal justice performance.
21
Steffan Harrendorf and Paul Smit, Attributes of Criminal Justice System: Resources, Performance and Punity, in
European Institute for Crime Prevention and Control, affiliated with the United Nations (HEUNI), International
Statistics on Crime and Justice

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13. Furthermore, with respect to productivity, [h]igh quantitative productivity is not a measure
for the overall performance of a system or for the quality of the results produced. The extent
of productivity is highly dependent on the structure of the criminal justice system x x x. [It
is not implied], therefore x x x that a system with high productivity rates performs better
than a system with low productivity rates;
14. As such, it is clear that there is no international quantitative standard that is absolutely
applicable. Absent such standard, the assessment of the performance of the pillars of the
Philippine CJS may pose some difficulty. This notwithstanding, the Report will present
figures that indicate the general performance of countries, as well as present the basic data
of the South East Asia region, in order to at least provide information upon which the
assessment of the Philippine capacity may be assisted.
15. Additionally, [a]s regards the overall performance of criminal justice systems in
international perspective, UN-CTS data is not able to provide a valid answer. [This is
because] such an overall assessment would necessarily mean an in-depth look at the
criminal justice systems of the different countries in theory and practice. And even with
sufficient knowledge on all criminal justice systems of the world it would be a very
ambitious task to translate this knowledge into a handy performance task index, allowing
for a ranking of countries based on the quality of criminal justice performance.
16. Furthermore, with respect to productivity, [h]igh quantitative productivity22 is not a
measure for the overall performance of a system or for the quality of the results produced.
The extent of productivity is highly dependent on the structure of the criminal justice
system x x x. [It is not implied], therefore x x x that a system with high productivity rates
performs better than a system with low productivity rates.
17. As such, it is clear that there is no international quantitative standard that is absolutely
applicable. Absent such standard, the assessment of the performance of the pillars of the
Philippine CJS may pose some difficulty.
22
P. Mayhew, The Operation of Criminal Justice System, in Crime and Criminal Justice in Europe and North America,
1995-1997, Report on the Sixth United Nations Survey on Crime Trends and Criminal Justice Systems 84-149 (K.
Aromaa, S. Leppa, S. Nevala and N. Ollus, [Eds.] 2003) and P. Smit, Prosecution and Courts, in Crime and Criminal
Justice Systems in Europe and North America 1995-2004 94-117 (K. Aromaa and M. Heiskanen, [Eds.] 2008)

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Section 6
PILLARS OF THE PHILIPPINE CRIMINAL
JUSTICE SYSTEM: LAW ENFORCEMENT
PILLAR
A. INTRODCUTION
1. Peace and order is an essential ingredient to maintaining economic development, social
order and political stability. A condition of peace and order facilitates the growth of
investments, generates more employment opportunities and attracts more tourists.
Sustained economic growth will facilitate the influx of local and foreign investments, as
well as tourism, which, in turn, will generate employment opportunities.
2. The Philippine National Police, the National Bureau of Investigation, the Philippine Drug
Enforcement Agency and the National Police Commission, along with 34 other agencies
performing police functions, are the agencies spearheading the law enforcement in the
country. These agencies are generally tasked to prevent the commission of crimes and
maintain peace and order in the community.
B. EXISTING CAPACITIES PHILIPPINE NATIONAL POLICE
3. Under RA No. 6975,23 the Philippine National Police (PNP) was established, consisting of
members of the police forces who were incorporated into the Integrated National Police
(INP) pursuant to
4. Presidential Decree No. 765; the officers and enlisted personnel of the Philippine
Constabulary (PC); and the regular operatives of the abolished NAPOLCOM Inspection,
Investigation and Intelligence Branch.
5. Among its powers and functions are to:
a) Enforce all laws and ordinances relative to the protection of lives and properties;
b) Maintain peace and order and take all necessary steps to ensure public safety;
c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring
offenders to justice and assist in their prosecution;
d) Exercise the general powers to make arrest, search and seizure in accordance with
the
e) Constitution and pertinent laws;
23
An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local
Government, and For Other Purposes (Department of the Interior and Local Government Act of 1990), Republic
Act No. 6975.

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f)
g)
h)
i)
Detain an arrested person for a period not beyond what is prescribed by law,
informing the person so detained of all his rights under the Constitution;
Issue licenses for the possession of firearms and explosives in accordance with
law;
Supervise and control the training and operations of security agencies and issue
licenses to operate security agencies, and to security guards and private detectives,
for the practice of their professions; and
Perform such other duties and exercise all other functions as may be provided by
law.
6. In 2005, the PNP launched its Integrated Transformation Program (ITP), which is the
organizations road map for long-term and lasting reforms in the Philippine National
Police. The ITP is now being implemented in order to: resolve organizational dysfunctions
and improve the quality of police services; strengthen law enforcement capabilities; and
enhance the welfare and benefits of personnel and dependents.
7. It identifies 12 key result areas that when completed altogether, will achieve PNP
transformation, namely:
7.1. national policy development
7.2. institutions development;
7.3. police operations;
7.4. facilities development;
7.5. human resources development and management;
7.6. administrative and financial management;
7.7. strategic planning and performance management;
7.8. information and communication technology;
7.9. demonstration of excellence through development of best practices;
7.10. public information and advocacy; reform management;
7.11. anti-corruption; and
7.12. promotion of human rights.
8. The PNP ITP has the ultimate goal of applying an integrated institutional framework,
strategy, and process that will transform the PNP into a more capable, effective, and
reliable police force. Through its transformation process, the PNP would be able to enhance
the quality of its services and relationships with the community, improve the peace and
order situation, and maintain a safe environment that is conducive to socio-economic
growth.
9. Currently, the PNP is facing challenges and problems in the delivery of police services:24
9.1. 92% of the PNP Annual Budget goes to personnel services or salaries and allowances
of PNP personnel. Less than 8 percent goes to maintenance and other operating
expenses, and less than 1 percent is set aside for capital outlay. This has been the
situation for the past five years;
24
JUSTICE SYSTEM, (2011)

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9.2. 80% or 1,282 police stations all over the country are considered illegal settlers on lands
or buildings owned by local government units or private individuals. Police precincts
are made of inferior materials making both the station and its personnel vulnerable to
hostile enemy action or to the forces of nature.
9.3.The PNP is still 65 percent short of land patrol vehicles, 80 percent short of aircraft and
75 percent short of watercraft. Limited fuel supply limits the PNP from doing
continuous patrols. Inadequate communication equipment leads to poor coordination
among police personnel, while most police stations lack proper equipment for the
execution of their duties;
9.4.57 percent or 67,489 of PNP personnel are still in dire need of decent shelter. This
explains why 60 percent from PO1 to PO3 personnel actually live below the poverty
line.
9.5.PNP uniformed personnel are also not covered by social security or government service
insurance system; and only half of the pension budget requirement is allotted to the
PNP.
9.6.The PNP has only one tertiary hospital situated in Camp Crame and 16 dispensaries
nationwide. Health equipment and facilities are old and outmoded. The AFP Medical
Center allots P935.80 for every patient; the Quirino Medical Center allots P410.29 for
every patient; while the PNP General Hospital spends a measly P125.92 for every
patient confined in the hospital.
9.7.In terms of educational assistance, only 7 percent or 5,071 of the total 73,541 PNP
personnel with dependents are receiving scholarship grants and assistance from the
PNP.
9.8.The PNP also has to contend with the low public perception of the integrity and
competence of the police. This is evidenced by the fact that only 15 percent of the
victims of crimes file cases/complaints at the police station level or other law
enforcement agencies. The victims decision not to report their encounter with crime is
because most of them see crime reporting to be a waste of time, citing slow police
action and a cumbersome process of reporting. Low percentage of crime reporting is
an indication of diminishing public trust and confidence in the police and the criminal
justice system with many saying they would rather depend on praying for protection.
With the implementation of the ITP, the number of police officers actually increased.
However, since population grew as well, the ratio decreased from the previous years as
shown in the table below:

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10. The public approval rating of the PNP registered a high of 67.44 percent in 2009. The
September to October survey revealed that 73 percent of the probability sample of 4,400
respondents nationwide felt the positive changes that resulted from the PNPs
transformation initiatives. The P10 billion fund for the PNPs Capability Enhancement
Program enhanced police services on the ground. Police visibility was reinforced with the
recruitment of police officers. Public services were improved with the construction and
repair of police station buildings and other facilities, and acquisition of move, shoot,
communicate and investigate equipment.
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11. Technical innovations supported police operations through the state-of-the-art Regional
Tactical Operation and Intelligence Center (RTOIC) at the NCRPO that serves as the main
monitoring and dispatch hub of all police operations in Metro Manila.
12. The Model Police Station Project, the center of the PNPs transformation initiatives, ably
provided communities with better police services through the well-equipped police stations
manned by disciplined and highly trained personnel.
13. Anti-criminality and anti-insurgency efforts were made more responsive through the Local
Anti-Criminality Action Programs and LOI Payapa which decentralized the formulation
and implementation of strategies to support patrol, investigation, and internal security
operations in the local setting.
14. The statistical increase in the total crime volume of 111,860 in 2009 resulted from the
adoption of the Unit Crime Periodic Report (UCPER) which is a more accurate and
efficient system of crime reporting. All PNP units were required to submit the UCPER to
the national headquarters for consolidation into the National Crime Reporting System.162
The table shows the reported index and non-index crimes using the new system:
15. Human rights advocacy was also reinforced as the PNP strictly implemented the
observance of policies that provide for the protection of basic rights and civil liberties of
citizens including criminals. To further improve the PNPs capability in addressing human
rights issues and violations committed by its own personnel, police offices nationwide
established and now maintain Human Rights Desks in their respective jurisdictions;

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16. Additionally, the PNP published the PNP Citizens Charter in August 2009, to improve
frontline services for the public and to encourage vigilance against irregularities. This was
done pursuant to the Anti-Red Tape Act;
17. Going back to its ITP, one of the problems encountered by the PNP in the implementation
of the program is the passive response of the public. To most people, the ITP will not
change the corrupt-ridden PNP. This negative public perception is among the challenges
being faced by the ITP. However, such perception has slowly been improving. In a 2008
Survey of Enterprises on Corruption conducted by the Social Weather Station (SWS), there
was an improvement in the ratings of sincerity in fighting corruption for the PNP, compared
to a similar SWS survey in 2007.25 From its previous score of -25, the PNP rated -18 in
2008. The other major problem is budget allocation. The budget of the PNP for 2010 is
P49,889,574,000.00.
18. As stated earlier, majority of this budget goes to salaries and allowances for personnel.
Fortunately, the PNP has been able to receive funding from non-government organizations
like the Hanns Siedel Foundation, for some of its projects. While the PNP has strived to
modernize, approximately 30 percent of computers in police stations nationwide are
actually donations from LGUs and NGOs. Almost 90 percent of the total police stations
that do not have computers are located in PRO ARMM and PRO 8; 47 percent have no
internet access due to financial constraints; and 100 percent have no internet access due to
unstable signal or no internet service provider in the area. Furthermore, PRO 4B was found
to be the most ill-equipped because only 13 percent of its City and Municipal Police
Stations have radio communications. Most of the radio equipment issued nationwide have
defective battery packs.
C. EXISTING CAPACITIES NATIONAL BUREAU OF INVESTIGATION

19. Created in 1936 with the enactment of Commonwealth Act No. 181, the National Bureau
of investigation (NBI) was a Division of Investigation (DI) under the Department of
Justice. Patterned after the US Federal Bureau of Investigation, its mandate was to serve
warrants and subpoenas; to make searches and seizures under legal warrants for violations
of the laws of the Philippines; and to make arrests without warrants for a crime committed
in their presence or within their view;
20. The main objective of the NBI is the establishment and maintenance of a modern, effective,
and efficient investigative service and research agency for the purpose of implementing
fully principal functions provided under RA No. 157,26 as amended;
21. On June 19, 1947, RA No. 157 repealed Commonwealth Act No. 181 and converted the
Division into the Bureau of Investigation with its functions expanded and the powers of its
25
Social Weather Station, 2008 Survey of Enterprises on Corruption: Anti-corruption sincerity ratings improved for
only 8 out of 30 agencies, Nov. 21, 2008 <http://www.sws.org.ph/pr081121.htm> (last accessed Dec. 3, 2010).
26
An Act Creating a Bureau of Investigation, Providing Funds Therefor and Other Purposes, Republic Act No.
157 (1947).

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investigating staff increased. Executive Order No. 94, issued on October 4, 1947, renamed
it to the presently known National Bureau of Investigation;
22. Under the supervision of the Department of Justice (DOJ) and headed by a Director, and
supported by an Assistant Director and six Deputy Directors, the NBI is tasked mainly to:
22.1. Investigate crimes and other offenses against the laws of the Philippines, both on
its own initiative and as public interest may require;
22.2. Assist, when officially requested, in the investigation or detection of crimes and
other offenses;
22.3. Act as national clearing house of criminal records and other information, for use
of all prosecuting and law enforcement entities in the Philippines, of identification
records, of identifying marks, characteristics and ownership or possession of all
firearms and test bullets fired therefrom;
22.4. Give technical help to all prosecuting and law enforcement offices, agencies of the
government, and courts which may ask for its services;
22.5. Extend its services in the investigation of cases administrative or civil in nature in
which the government is interested;
22.6. Establish and maintain an up-to-date scientific crime laboratory and conduct
researches in furtherance of scientific knowledge in criminal investigation;
22.7. coordinate with other national or local agencies in the maintenance of peace and
order; and
22.8. Undertake the instruction and training of a representative number of city and
municipal peace officers at the request of their respective superiors along effective
methods of crime investigation and detection in order to ensure greater efficiency
in the discharge of their duties.
23. Resource limitations and constraints, such as the inability to replace old and outdated office
and technical equipment as well as dilapidated office structures, remain to be challenges.
Moreover, the NBI Marikina Satellite Office was not spared by Typhoon Ondoy that
flooded Metro Manila in 2009. The records stored thereat were either damaged or
destroyed.
24. The effect of insufficiency of funds on the Bureaus personnel: in lieu of lawyers, the NBI
is forced to hire professors, medical technologists and other professionals to do the
Bureaus work due to budget constraints.
25. Likewise, due to budget constraints, the NBI is unable to construct additional infrastructure
projects, or at the very least repair the existing dilapidated structures. In some cases, some
NBI offices are not owned by the Bureau and are in danger of eviction. For 2010, the NBI
was appropriated a budget of P851,520,000.00. In rare cases, the NBI receives additional
but minimal funding from international organizations such as the Federal Bureau of
Investigation (FBI) and the Australian Federal Police (AFP).
26. Likewise, the long queues at the NBI Clearance Section as a major problem despite the
decentralization of the clearance processing to the field offices and kiosks and the existence
of e-payment procedures. Every year, the Bureau noted, there is an increase in clearance
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applicants. In Carriedo alone, there are 12,000 applicants on an average day from January
to March. To increase public awareness of the services rendered and in compliance with
the Anti-Red Tape Act of 2007, the NBI has implemented the Citizens Charter. Its website
also provides the public the basic services provided by the Bureau. At present, web
enhancements are being undertaken to develop its use and capability to interact with more
clients/people. These efforts are, however, hampered by budgetary constraints. The Bureau
also strives to conduct seminars/trainings on investigative techniques whenever requested
by other law enforcement agencies and other government agencies.
27. The Bureau, however, admits that it cannot pursue nationwide IEC seminars and trainings
due to lack of personnel and financial resources.
28. To update its personnel on current human rights issues, the NBI invites resource persons
from the CHR during its basic agents/special investigators training. However, the Bureau
admits that it sorely lacks periodic/regular trainings on human rights for its agents/ special
investigators. There is also a need to increase its personnel. It cannot do so, however,
because of the governments rationalization plan.
29. Despite the lack of resources, the NBI has created two divisions tasked to handle human
rights cases: first, the Violence Against Women and Children Division (VAWCD), which
is tasked to handle VAWC-related cases; and second, the Internal Affairs Division (IAD),
which is tasked to investigate HR concerns. The NBI is also establishing child-friendly
studios in all regional and district offices. It must also be mentioned that the NBI provides
the necessary shelter to the beneficiaries of the Witness Protection Program. Additionally,
the NBI also has organized the Environmental and Wildlife Protection Division, tasked to
conduct operations against violations of environmental laws. The effectiveness of these
programs is currently being monitored by the Management Planning and Audit Division
(MPAD).
30. The NBI modernization and reorganization bill is a very much-needed law which could
solve the problems mentioned.
D. EXISTING CAPACITIES PHILIPPINE DRUG ENFORCEMENT AGENCY
31. For 30 years, RA No. 6425, otherwise known as the Dangerous Drugs Act of 1972, had
been the backbone of the Philippine drug law enforcement system. Despite the efforts of
various law enforcement agencies mandated to implement the law, the drug problem
alarmingly escalated.
32. The high profitability of the illegal drug trade, compounded by the then existing laws that
imposed relatively light penalties to offenders, greatly contributed to the gravity of the
problem.
33. Recognizing the need to further strengthen existing laws governing the Philippine drug law
enforcement system, President Gloria Macapagal-Arroyo signed RA No. 9165, or the
Comprehensive Dangerous Drugs Act of 2002, on June 7, 2002, which took effect on July
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4, 2002. RA No. 9165 defines more concrete courses of action for the national anti-drug
campaign and imposes heavier penalties to offenders.
34. The enactment of RA 9165 reorganized the Philippine drug law enforcement system. While
the Dangerous Drugs Board (DDB) remains as the policy-making body, it created the
Philippine Drug Enforcement Agency (PDEA) under the Office of the President. The new
law also abolished the National Drug Law Enforcement and Prevention Coordinating
Center, Philippine National PoliceNarcotics Group (PNP-NARGRP), National Bureau of
InvestigationNarcotics Unit (NBI-NU), and the Customs Narcotics Interdiction Office
(CNIO). Personnel of these abolished agencies were to continue performing their tasks on
detail service with the PDEA subject to a rigid screening process.
35. The PDEA is the agency primarily tasked with the enforcement of RA No. 9165.
36. PDEA has identified three major activities related to illegal drugs:
36.1. cultivation of marijuana;
36.2. manufacturing of shabu; and
36.3. Drug-trafficking.
37. PDEA aims to significantly reduce the illegal drug problem in the country through
37.1. Relentless neutralization of drug personalities and syndicates;
37.2. Render local drug production infeasible and unsafe for producers;
37.3. Make the availability of illegal drugs discouragingly hard to find and too expensive
for the market;
37.4. Make people aware of how the illegal industry thrives as well as the ill-effects of
illegal drugs; and
37.5. Mobilize the citizenry to pressure drug personalities and collate towards submission.
38. Data below is as of January 26, 2017, 6 am.
38.1. 43,077 number of police operations conducted
38.2. 52,277 drug personalities arrested
38.3. 6,899,101 houses visited via Project Tokhang
38.4. 1,175,440 total number of surrenderers in Project Tokhang
a) 79,299 pushers
b) 1,096,141 users
39. PDEA is, however, concerned with a new strategy employed by drug-traffickers: the use
of Filipinos as drug couriers. A drug syndicate often offers huge amounts of money to the
couriers. The illegal drugs are hidden internally by ingesting or swallowing latex balloons
or special capsules filled with illegal drugs. According to this study, this is a common but
medically dangerous way of smuggling small amounts of drugs. A courier can die due to
overdose if a packet bursts or leaks.
40. Other methods of concealment include: hiding the drugs inside shoes; strapping these to
ones body; placing these in books, bottles of shampoo/coffee and parcels.

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41. There are also cases where children are being used as drug couriers. Drug syndicates have
been taking advantage of RA No. 9344, or the Juvenile Justice and Welfare Act of 2006,
which takes away the criminal liability of children 15 years old and below, who are caught
violating the law. Similar to other agencies, PDEA is constrained by the insufficiency of
funds.
E. EXISTING CAPACITIES NATIONAL POLICE COMMISSION

42. The National Police Commission (NAPOLCOM) is mandated by RA No. 6975, as
amended, to exercise administrative control and operational supervision over the PNP. It
is an attached agency to the Department of the Interior and Local Government (DILG) for
purposes of program and policy coordination. It is a collegial body composed of a
Chairperson and four regular commissioners. The DILG Secretary is the ex officio
Chairperson of the Commission and the PNP Chief as ex officio member.
43. NAPOLCOM has seven staff services in its central office and 17 regional offices
nationwide as follows: Planning and Research Services; Inspection, Monitoring and
Investigation Service; Crime Prevention and Coordination Service; Installations and
Logistics Service; Legal Affairs Service; Personnel and Administrative Service; Financial
Service. The Commission also has a formal administrative disciplinary appellate
machinery consisting of the National Appellate Board and the Regional Appellate Boards.
44. NAPOLCOM also formulates, for the approval of the President, an annual National Crime
Prevention Plan (NCPP) through the Inter-agency and Multi-sectoral Technical Committee on
Crime Prevention and Criminal Justice (TCCPCJ). The NCPP consists of the action programs and
strategies for implementation by the five pillars of the Criminal Justice System, non-government
agencies and local government units;
45. Because it involves the five pillars, NAPOLCOM focuses on inter-pillar coordination in order to
reduce crime levels, deter criminal activities, increase community safety, and minimize the
occurrence of anti-social behavior. The strengthening of this inter-pillar coordination,
collaboration, and linkage is achieved primarily through sustaining consultative processes, utilizing
information and technology exchanges, and managing crime prevention programs and projects.
46. The top five issues that affect the performance of organizations in the Criminal Justice System:
46.1. Limitations on resources;
46.2. Program coverage and priorities;
46.3. Lack of personnel;
46.4. Public involvement; and
46.5. Political interference and corruption.
47. As a whole, the main problems of the entire Criminal Justice System are poor linkages and
relationships among the five pillars, and their minuscule capability coupled with a poor image to
face a caseload that is rapidly piling up.
48. The key strategies for the entire Criminal Justice System include: strengthening and upscaling interpillar collaboration and coordination, institutional strengthening of the NAPOLCOMs structure
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on crime prevention, sustaining active community engagement in crime prevention, having a
broadened spread/reach of information dissemination, and advocacy and support for CJS reforms.
49. SUMMARY LIST OF DEVELOPMENTS STRENGTHENING THE LAW

ENFORCEMENT PILLAR
49.1.
49.2.
49.3.
49.4.
49.5.
49.6.
49.7.
49.8.
PNP enhanced police visibility on the ground.

Recruit more police officers, construct and repair police stations and facilities, and acquire
modern police equipment.
Police stations were upgraded to function as community peace and development centers.
Model Police Stations were established. These model stations are well-equipped and
manned by highly trained and disciplined personnel for better services to the community.
The PNP likewise launched the Quality Service Lane in seven pilot police stations as a
standard of efficient service.
The PNP also created Complaint Referral Action Centers (CRAC) to better facilitate the
prompt receipt of, and action on, complaints of violations and offenses. It has also set up
Alert 24/7 as the legal hotline for inquiries on police operations.
PATROL PLAN 2030
For its part, the NBI strives to provide accessible and user-friendly services through its
Public Assistance Center, NBI Hotline, and Complaints and Recording Division Alert
Duties.
49.9. The PNP also formed Barangay Peace-Keeping Action Teams (BPAT) for peace and order
maintenance in the barangays
49.10. NBI prioritized (1) the acquisition of state-of-the-art equipment to enhance operational
capability and (2) the upgrade of its records system and database. Pursuant to these, the
NBI initiated the establishment of an Automated Fingerprint Identification System (AFIS)
database; Integrated Ballistics Identification System (IBIS); dental records database; and
a national DNA database. Case monitoring and records procurement are made easier
through the computerization of records into paperless records. This complemented by the
provision of an online quick search of case status, monitoring and document tracking; and
the launching of the SIStem, which is a paperless case monitoring and tracking system.
49.11. The PDEA has launched its Court Watch Project (the Project) to monitor drug cases
nationwide. Part of the Project is the strengthening of legal capabilities of witnesses
through case conference and moot court activities. It has also commenced the program
called Operation Private Eye to encourage participation of citizens by reporting illegal
drug operations. The Agency also forged a memorandum of agreement with LGUs for the
establishment of Barangay Anti-Drug Councils.
49.12. To lessen the cost for complainants, the PNP and the NBI maintain public hotlines and
provide online services. The NBI makes use of technology for quick and less expensive
case monitoring and document tracking.
49.13. The law enforcement agencies have also initiated various programs aimed at making their
officers/agents/representatives more sensitive to the concerns of the poor. The PNP
published the Information, Education, and Communications (IEC) Materials on RightsBased Policing including development of Rights-Based Policing Training Video.
49.14. PNP carries out the mainstreaming of human rights policies, programs and projects.
49.15. For broader dissemination, the PNP makes use of the tools of media through a PNP radio
program called Pulis at Your Serbis and a PNP television program called Talakayan sa
Isyung Pulis.
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F. OBSERVATIONS/ RECOMMENDATIONS
50. The leaders should ensure that whatever changes will be implemented will reach the
grassroots level. This may require coordination with the local government unit and setting
out a clear definition of its role in local law enforcement. Politics among the ranks must be
minimized if not completely removed. Independence of the police force, especially at the
local level, must be maintained and a clear system of accountability be set in place;
51. Improvement of information channels to change public perception about the police should
also be undertaken. If the community perceives the law enforcer as an ally rather than a
possible enemy or cohort of a criminal, there will be more coordination and cooperation in
the reporting and solving of crimes.
52. And because resources are admittedly limited, integration of functions may be in order.
There are overlaps in the functions of the PNP, NBI, and PDEA. Although rationalization
has been implemented or is being implemented in these agencies, a review of their
functions is still necessary in order to conserve limited resources. Specialization of the
agencys functions instead of further broadening is also recommended.
53. A creation of an integrated crime management information system to be shared by the law
enforcement agencies would also be necessary to further improve the criminal justice
system.

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Section 6
JUSTICE SYSTEM: PROSECUTION PILLAR
A. INTRODCUTION
1. Tasked with the burden of prosecuting offenses, the prosecution pillar is composed of the
National Prosecution Service of the Department of Justice, the Public Attorneys Office,
and the Office of the Ombudsman.
B.
EXISTING
CAPACITIES
PROSECUTION SERVICE
DEPARTMENT
OF
JUSTICENATIONAL
2. Acting as the legal counsel and principal law agency of the government, the Department
of Justice (DOJ) has responded well to the challenges of the time by implementing
programs directed towards strengthening the institution, improving public service delivery,
and protecting the rights of the people.27
3. The National Prosecution Service (NPS) is mandated to assist the Secretary of Justice in
the performance of powers and functions of the Department relative to its role as the
prosecution arm of the government, particularly, the investigation and prosecution of
criminal offenses. The said
4. Mandate and present NPS organization is contained in PD No. 1275,185 as amended, and
EO No. 292, Administrative Code of 1987. By the end of CY 2009, the NPS has 14 regional
offices with around 200 constituent offices and 100 suboffices for the 136 cities and 80
provinces nationwide.
5. Below shows the Preliminary Investigation case load of prosecutors:
27
Based on the Annual Accomplishment Report of the Department of Justice 2009 <http://www.doj.gov.ph/
files/2009Annual.pdf> (last accessed Nov. 7, 2010). See Mejia, Cecille, et. al., ASSESSMENT OF THE CAPACITY
OF THE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM, (2011); see also Supreme Court of the
Philippines and UNDP, Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice Supreme
Court of the Philippines: Final Report, 2-1 (March 2006) [hereinafter SC & UNDP, 2006 Final Report]

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6. Below shows the Criminal Prosecution case load of prosecutors:
7. In the Annual Report for 2009 of the DOJ, the NPS identified various organizational issues
and concerns that hamper the performance of the NPS. The primary concern is severe
personnel deficiency for many prosecution offices nationwide due to the many vacancies
and/or the inadequate plantilla positions as against the workload and the number of courts.
Inadequate physical and logistical resources as well as internal management
constraints/weaknesses have also been pointed out as factors affecting performance.
C. EXISTING CAPACITIES PUBLIC ATTORNEYS OFFICE28
8. The principal free legal aid office of the Philippine Government is the Public Attorneys
Office (PAO). On March 23, 2007, RA No. 9406 29 was signed into law. RA No. 9406 or
the PAO Law provides for the upgrading of salaries and allowances for public attorneys
equivalent to their counterpart in the National Prosecution Service. RA No. 9406 further
reorganized the PAO with the creation of 359
9. New lawyer positions and 164 new support personnel positions complementing the 1,047
present public attorneys and 802 support personnel. At present, PAO has 17 regional
offices and 274 district and subdistrict offices. Most of the offices are situated in the Halls
of Justice nationwide along with the courts and other offices involved in the administration
of justice.
Public
Attorneys
Office,
Annual
Accomplishment
Report
for
the
Year
2009
<http://www.pao.gov.ph/78/Accomplishment-Report-2009:-Narrative-Report> (last accessed Dec. 4, 2010)
29
An Act Strengthening and Reorganizing the Public Attorneys Office (PAO), Amending for the Purpose Pertinent
Provisions of Executive Order No. 292, otherwise known as the Administrative Code of 1987, as amended,
Granting Special Allowance to PAO Officials and Lawyers, and Providing Funds Therefor [The PAO Law],
Republic Act No. 9406 (2007).
28

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10. The introduction of district offices in different regions of the country complements the
agencys mission to provide litigants free access to courts, judicial and quasi-judicial
agencies by rendering legal assistance;
11. It is also worthy to mention that aside from handling criminal and civil cases, PAO
lawyers are likewise mandated to handle: (1) preliminary investigation of cases before
the Office of the Public Prosecutor; (2) Labor cases before the National Labor Relations
Commission; (3) administrative cases before administrative bodies like DARAB, PRC,
COMELEC, Bureau of Customs, DECS, PLEB, Insurance Commission, etc. This
contributes to the heavy case load of PAO lawyers;
12. In 2007, a total of 86,593 clients of the PAO were either acquitted, released from
confinement or otherwise obtained favourable dispositions of their criminal cases. In
2008, there were 81,966 accused; in 2009 there were 118,619 accused who regained their
freedom through the free legal assistance provided by the PAO;
13. The high turnover rate of PAO lawyers is primarily due to the following reasons:
13.1.
13.2.
13.3.
13.4.
13.5.
13.6.
Resignation to engage in private law practice;

Transfer to the National Prosecution Service;
Transfer to the judiciary;
Transfer to other government-owned and -controlled corporations;
Heavy workload; and
No attractive retirement benefits.

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14. Due to uncompetitive compensation package and allowance given to its personnel, the
PAO has difficulty maintaining its roster of lawyers. With the recent upgrading of salary
grades for lawyers in the agency pursuant to the PAO Law (RA No. 9406), the PAO is
hopeful to retain most of its lawyers in the service until retirement age, more or less;
15. On the average, a PAO lawyer is assigned to two to four courts while a prosecutor is
assigned only to one court. The PAO has only 1,407 authorized plantilla positions for
lawyers. This unfair advantage in the number of prosecutors over PAO lawyers is due to
the provision of PD No. 1275, as amended by PD No. 1513, which states that whenever
there is an increase in the number of court salas, there shall be a corresponding increase
in the number of assistant provincial/city fiscal positions at the ratio of two fiscals to a
sala.
16. In addition, the PAO cannot sufficiently address issues on access to justice because it does
not have a Witness Protection Program. Hence, PAO has suggested that Congress needs to
amend the law.
D. OFFICE OF THE OMBUDSMAN30
17. Since the Office of the Ombudsman (OMB) is mandated under the Constitution to act on
any complaint submitted to it, in whatever form it may be, it is common place for the OMB
to find itself inundated by complaints. These complaints need to be investigated in order to
determine which of them warrant further fact-finding investigation and prosecution. In
2009 alone, a total of 12,736 complaints have been received by the OMB.
18. Although this number is slightly lower than the number of complaints received the previous
year, it is still higher than the average annual number of complaints received from 2005 to
2008. More than half of these complaints are now undergoing fact-finding investigation.
The number also includes around 3,700 criminal and 3,500 administrative cases docketed
by OMB offices nationwide. These cases are now undergoing preliminary investigation
and/or administrative adjudication;
19. As of December 31, 2009, the OMB has a total of 1,073 personnel nationwide: 320 (30%)
of which are lawyers, and the remaining 753 (70%) comprising investigators, other
technical staff (legal researchers, accountants, IT personnel, etc.) and administrative
support staff, almost half (48%) of whom are stationed at the Central Office. It also appears
that one lawyer is assigned 40 cases annually.
20. The OMB has raised its concern on the need to increase its plantilla to accommodate the
number of complaints they receive each year. Another difficulty encountered by the OMB
is the non-cooperation of certain important witnesses. Also, relevant documents are not
always available. Furthermore, the Office of the Special Prosecutor (OSP) observed that it
30
Office of the Ombudsman, Annual Report 2009 of the Office of the Ombudsman <http://
www.ombudsman.gov.ph/docs/statistics/ANNUAL%20REPORT%202009.pdf> (last accessed Nov. 8, 2010).

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takes other agencies more time to comply with the subpoena their office issues. The OSP
mandate is impeded by existing rules, practice, and organizational structure to that of
reinvestigation and resolution of motions for reconsideration of probable cause finding
made by other area/sectoral offices. The OMB has placed at least 80 government officials
and employees under preventive suspension.
21. The OMB also continues to impose disciplinary actions against erring government officials
and employees. In 2009, hundreds were found administratively liable for various offenses
and were meted out penalties ranging from reprimand to dismissal from the service with
the accessory penalty of forfeiture of benefits and perpetual disqualification to hold public
office.
22. Upon finding of probable cause, the OMB has filed criminal cases against public officials
and employees before the appropriate court. In 2009, the OMB filed a total of 189
Informations before the Sandiganbayan. Among those charged were a former
congressman, city and municipal mayors, assistant secretaries and state university
presidents.
23. The OMB has also expressed its concerns over the vulnerability of budget allocation to
political influences. It has noted that the office perceives the current administration as
regarding them with disfavour because the head was affiliated with the previous
administration.
24. Insufficient budget sometimes lead to unsatisfactory delivery of services to stakeholders.
The office, however, operates within the budget which Congress deemed as sufficient. The
office has learned how to maximize what was allotted to it. To make legal services more
accessible to the poor, especially those who live in the provinces and rural areas, the PAO
has increased the number of lawyers assigned in each of the regional and district offices.
25. The DOJ has lowered the cost of litigation by the issuance of the Revised Manual of
Prosecutors. The Revised Manual prescribes standard preliminary investigation form, pro
forma complaints and pleadings. The DOJ has also limited the required number of copies
of complaints and annexes. The PAO has also issued its PAO Manual and Legal Forms
although this has yet to be implemented.
26. The PAO has revised the definition of indigency in Memorandum Circular No. 02, Series
of 2010. Under the current definition, more people can qualify to avail of the free legal
services that PAO lawyers render. For its part, some of the OMB has resorted to requiring
parties to simply file a clarificatory reply rather than asking the parties to appear in person
at the OMB offices which is more costly to their clients.
27. The members of the prosecution pillar need to also be sensitive to the needs of their clients.
In this regard, the DOJ-NPS plans to implement the Code of Ethics and institute integrity/
performance accountability mechanisms which will involve claimholders. The PAO
intends to conduct regular trainings, seminars and orientation on the PAO Code of Conduct,

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PAO Operating Manual, Civil Service Rules and Regulations, Code of Professional
Responsibility and other pertinent laws;
28. The OMB has created a position of VAWC and Sexual Harassment Officer. The PAO
promotes the utilization of the Alternative Dispute Resolution to help de-clog court dockets
but also to lighten their case loads;
29. To increase awareness among the claimholders, the PAO will continue engaging in IEC
campaign using the tri-media print, radio and TV. The DOJ, in coordination with the
DILG, will work towards the dissemination of the following information at the barangay
level: rights of the accused, childs rights and other basic human rights. By issuing their
respective Citizens Charters, the agencies do not only outline their frontline services but
likewise highlight citizens rights;
30. While steps have been taken to address the issues raised during the four summits,
admittedly the efforts are not enough. The primary concern for the three agencies of the
prosecution pillar is the severe personnel deficiency. Considering that the lawyers are
involved in the prosecution of offenses, the deficiency hinders the ability of the prosecution
pillar to effectively deliver services to their clients;
31. Personnel deficiency adds to the growing problem of court congestion. With the number
of cases handled by the prosecutors for instance, they are sometimes forced to ask for
continuance;
32. This results in delay in the disposition of cases. Furthermore, the number of a lawyers case
load affects his/her performance. Indeed, the more cases are handled by a single lawyer,
the less attention is given to individual cases. This sometimes leads to the dismissal of
cases due to technicalities;
33. Most accused in criminal cases who cannot afford to hire their own lawyers are represented
by the PAO. It is common to see one PAO lawyer handling more than 30 criminal cases in
one day, especially at the first level courts. Oftentimes, the PAO lawyer only gets to consult
with his/her client minutes before the scheduled hearing. Effective representation is one of
the aspects of access to justice. This is defeated by the lack of personnel;
34. The problem is not easily solved by simply hiring additional personnel. The governments
rationalization program, which aims to streamline bureaucracy, prevents the NPS, PAO,
and OMB from increasing their plantilla. Any increase must first be approved by the
Department of Budget and Management;
35. Budgetary constraints likewise affect the performance of the NPS, PAO, and the OMB.
The OMB has also expressed its concerns over the vulnerability of budget allocation to
political influence. This affects the ability of the agencies to improve physical and logistical
resources.

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36. The DOJ has already worked towards making justice accessible to the public. It has
rationalized fees at the prosecution level. However, there is still a need to comprehensively
review the fees/charges being imposed.
37. Moreover, the DOJ has regularly been conducting trainings on special human rights
concerns, such as those that touch on women, children, and extra-legal killings. While the
DOJ sees the need to address VAWC and human rights issues, it is hindered by the
insufficiency of resources. Thus, only the national and regional offices currently have
divisions or desks which directly address VAWC and HR issues.
38. Further, while the DOJ has formulated a number of programs with respect to VAWC and
HR issues, sustainability of implementation is still a serious concern due to resource
constraints.
39. Certain issues have been ignored and overlooked because the OMB opted to strictly keep
with its mandate. RA No. 6770 specifies the jurisdiction of the OMB. Thus, the OMB lacks
initiative for VAWC and HR cases. It has, however, created special task forces, such as the
Task Force on Anti-Trafficking. In addition, the OMB has no specific program towards
full access to justice;
40. While efforts are continuously done to improve services and there is a continuing effort to
reduce processes involved in important and routine transactions (although review processes
cannot be avoided), there is no training on human rights issues.
E. OBSERVATIONS/ RECOMMENDATIONS31
41. First, there is a need to strengthen the capability of the agencies by increasing the number
of personnel. This is difficult considering the budgetary constraints. However, the
concerned agencies have already put in place mechanisms to ease the caseloads of
prosecutors and PAO lawyers.
42. Second, while the DOJ has already revised the Manual of Prosecutors which resulted in
the rationalization of fees, certain fees, as admitted by a DOJ personnel, may still be cut
down. This would entice the poor to seek remedy at the prosecution level.
43. Third, the three agencies say that there is a need to raise the level of awareness with respect
to VAWC and HR issues. Thus, the agencies must coordinate with the other agencies,
particularly with the courts and community pillars, to update themselves with human rights
concerns.
44. Fourth, the use of ADR mechanisms should likewise be promoted. This would not only
decrease the number of cases being filed at the prosecution level, but at the same time ease
the case load of PAO lawyers.
31
JUSTICE SYSTEM, (2011), pp. 65-66.

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45. Last, a system for the monitoring and evaluation of the effectiveness of programs must be
adopted by the agencies. While the DOJ has stated that one is already in place, it admits
that it is still weak. Thus, it is possible that the monitoring is not properly conducted.

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Section 7
JUSTICE SYSTEM: COURTS PILLAR
A. INTRODUCTION
1. Mandated by the Constitution to settle actual controversies involving rights which are
legally demandable and enforceable, 32 the Philippine Judiciary consists of four levels:
1.1. the Supreme Court (SC);
1.2. the intermediate courts consisting of the Court of Appeals (CA), Sandiganbayan (SB),
Court of Tax Appeals (CTA), and the Sharia Appellate Courts;
1.3. the second level courts, composed of Regional Trial Courts (RTCs) and Sharia
District Courts; and
1.4. the first level courts composed of the Metropolitan Trial Courts (MeTCs), Municipal
Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs), Municipal Circuit
Trial Courts (MCTCs), and Sharia Circuit Courts.
B. EXISTING CAPACITIES SUPREME COURT

2. The SC, composed of a Chief Justice and 14 Associate Justices, is the highest court and is
considered as the court of last resort.
3. The SC has administrative supervision over all courts and the personnel and has the power
to promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts; the admission to the practice of law; the
integrated bar; and legal assistance to the underprivileged. Because of this, all revisions of
rules by the other court levels will have to pass through the SC.
4. Also, approval for majority of the plans and activities of all courts is necessary. Thus,
changes in the judiciary, as regards systems or procedures, are mostly dependent on the
initiative and discretion of the SC.
5. More importantly, most of these changes would require funding. Under Section 3 of Article
VIII of the Constitution, appropriations for the judiciary may not be reduced by the
legislature below the amount appropriated for the previous year and, after approval, shall
be automatically and regularly released. This is to ensure that the judiciary remains an
independent body, enjoying fiscal autonomy.
32
PHILIPPINE CONSTITUTION, Art. VIII, Sec. 1.

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6. In 2009, 0.89 percent of the P1.414 Trillion budget or a total appropriation of

P12,680,044,000.00 was allocated to the judiciary.219 Personal Services was allotted
P7.95 Billion or 71.8 percent of the SC and lower courts budget, while Maintenance and
Other Operating Expenses (MOOE) accounted for 27.7 percent at P3.07 Billion. The
remaining 0.5 percent went to Capital Outlay, which was allotted P52.438 Million, a drop
of P287.21 Million from the previous year.33
7. While the national appropriations allotment represented an increase of P2.4 Million from
the previous year, the judicial branchs overall percentage of the national budget posted
only a slight increase, from 0.83 percent in 2008 to 0.89 percent in 2009.
8. Because the budget given to the Court is insufficient to cover its needs, the Court has
resorted to taking and/or applying for loans to support its judicial reform initiatives. These
initiatives all form part of the Courts judicial reform program to transform the judiciary
by modernizing facilities, systems and procedures to strengthen the capabilities of courts
for better efficiency, flexibility and effectiveness and taking advantage of information and
communications technology (ICT) and electronic case management.
9. With the task of modernization, court facilities need to be improved. Courts have often
resorted to what is available and not what is optimal. As an example, safety has become an
issue for the courts of Manila. Even if the current building has been ordered condemned,
the Manila courts still make use of the structure. Thus, there is a pressing need to construct
a building to house Manila courts.
10. Furthermore, an upgrade of information technology systems is also an integral part of
modernizing the courts. The use of an electronic case management system has been sought
to help improve case disposition. In this respect, the SC has implemented the enhanced
Case Flow Management (eCFM) and Case Management Information System (CMIS) in
the past. Currently, the SC has implemented the Judiciary Case Management System
(JCMS). E-payment is an example of the initiatives under the auspices of this program.
Online transactions are also being considered. Most of these initiatives were implemented
through pilot courts and they have proven to be successful. Implementation of these
initiatives nationwide is currently underway.
33
Supreme Court, 2009 Annual Report, supra note 218, at 55 citing <http://www.dbm.gov.ph/
index.php?pid=3&nid=1640> and 2009 General Appropriations Act.

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11. Transforming the judiciary does not only entail modernizing facilities and equipment. It
will also require modernizing systems and procedures. In this aspect, a review of how
judges manage their cases or a conduct of a judicial audit for the midterm review of a
courts case management may be in order.
12. Such judicial audit was piloted in Cebu. There, the purpose of the audit was to assess the
current case management of the judge and to come up with a case management plan for the
court. Feedback was given on how cases could be disposed faster and a commitment from
the judge to implement the recommended case management plan was made. It has been
observed that with such a case management plan, there was a remarkable improvement in
the pace of case disposition.
13. Although there is a clamor for the creation of additional courts from some sectors, this may
not always be possible considering the resources of the SC and the procedural rigors to
qualify as judge. As it is, budget is tight and the Judicial and Bar Council (JBC), albeit
continuing to find competent judges to fill the vacancies, has been slow in the process.
14. Declogging court dockets is a priority for the SC. The statistics for 2009 show that total
backlog has decreased. However, the growth rate for the number of cases decided or
resolved has likewise decreased. Court-case disposition rate has also decreased. Below are
the statistics for case backlog, number of cases decided or resolved, as well as the courtcase disposition rate.
15. The Court has also made significant gains in one of its projects, the Enhanced Justice on
Wheels (EJOW), which has regularly helped in speedier case disposition. This is relevant
as most of the cases involve light offenses which have weak or insufficient evidence. Since
its re-launch in 2008, EJOW has freed 5,303 prisoners, conducted 5,747 rounds of
mediation in civil suits, and given free legal aid to 2,514 indigent clients.233 With this
project, the Court has opened its doors to provide wider access to justice, bringing the
courts closer to the people, and improving public perception.
16. The SC is also moving towards a more gender responsive judiciary. In 2008, the Committee
on Gender Responsiveness in the Judiciary (CGRJ), in cooperation with the United Nations
Development Fund for Women (UNIFEM), conducted a Knowledge Sharing Seminar for
justices, judges, and womens groups from Thailand and Vietnam on January 14-19, 2008,
on the theme Gender Equality and the Judiciary: Sharing the Philippine Judiciarys
Experience in Implementing its Gender and Development Program to the Judiciaries in
Southeast Asia, among other seminars and focus group discussions.
17. Moreover, the number of court personnel is also an issue. In 2009, there were 2,253
employees with the SC and 23,273 with the lower courts. Since there is a lack of personnel
in some courts, courts resort to having their staff multi-task. This may inevitably lead to
delays and inefficient services. Compensation for judges and justices is also an issue for
the Court.

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18. In the past administration, the SC responded remarkably to issues with its issuances in
connection to the circle of human rights: Rules on the Writ of Amparo, Rules on the Writ
of Habeas Data, and Rules of Procedure on Environmental Cases. The challenge for the
present court is to remain responsive to these issues whether it be through new issuances
or continuation of its current projects.
C. EXISTING CAPACITIES COURT OF APPEALS
19. At present, the CA as an appellate court (with the jurisdiction to review death penalty cases)
has 23 divisions and 69 justices. Seventeen divisions are located in the Manila station while
three divisions each are currently in the Cebu and Cagayan de Oro stations. As it stands,
the CA, however, does not have the full complement of justices with only 62 sitting;
20. Structural facilities of the CA need improvement. The CA Manila station is currently
handicapped with only two floors; while its main building remains in a state of disrepair
after a fire gutted it in 2007. The Cebu and Cagayan de Oro stations have similar concerns.
Both stations still lease their offices from private enterprises. However, the local
government of Cebu has donated a plot of land to put up buildings for the Cebu station;
and the CA recently received its patent for land in Cagayan de Oro from the national
government to build offices for the CA justices. Notwithstanding, the construction of
buildings to house the Cebu and Cagayan de Oro stations will be dependent on the
sufficiency of resources and funding;
21. Moreover, the CA at this time has no public information office. Since 2006, the CA has
had an informal group of journalists following the disposition of cases in the CA. There
are, however, no official communication channels that have been institutionalized. On the
production and distribution of information materials, the CA has twice revised its flow
charts since 2006, which have been posted in its building.
22. In 2010, the CA saw a renewed effort at diminishing the case load of justices pursuant to
the Zero Backlog Project (ZBP) spearheaded by Presiding Justice Reyes.
D. EXISTING CAPACITIES SANDIGANBAYAN
23. The Sandiganbayan is a special court primarily tasked to try criminal and civil cases
involving graft and corrupt practices and such other offenses committed by public officers
and employees.34
24. Composed of a Presiding Justice and 14 Associate Justices, its mission is to give life and
meaning to the constitutional precept that a public office is a public trust, and to impress
upon public officers and employees that they are at all times accountable to the people with
their duty to serve with the highest degree of responsibility, integrity, loyalty and
efficiency.
34
PHILIPPINE CONSTITUTION, Art. XIII

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25. Case backlog is a problem.

26. Moreover, acquittal rate remains to be high. The SB attributes such to inability of the OMB
to effectively prosecute the cases and the OMBs propensity to file cases under RA No.
3019,251 Section 3(e) as a catchall for other incidents.
E. OBSERVATIONS AND RECOMMENDATIONS
27. Recognizing the problems of slow adjudication and delays experienced by the judicial
system, the courts have tried to focus on declogging court dockets and reducing case load
of judges. However, more than this plan, the courts have also provided access to justice by
creating programs to ensure that courts are more responsive and accessible to peoples
needs;
28. Courts have started to establish their own case management systems to monitor the status
of the cases and see whether they are proceeding as scheduled. Before, it was common that
in order to determine the status of ones case, one would need to go around and scramble
through the court. With the establishment of these case management information systems,
every litigant would be able to know the status of his case;
29. There is also a plan to fully computerize courts and undertake e-documentation of
pleadings and annexes. A move towards presentation of evidence by means of CDROM,
applicable specifically to accused who are in prison for other offenses in other places other
than the court where they are being prosecuted or the same accused is being prosecuted in
different courts distant from each other, has also been proposed. To further enhance
physical access, the SC likewise plans to rehabilitate the Halls of Justice nationwide and
complete all pilot courts; the SB has begun constructing its courthouses in Baguio City and
Cebu. However, such plans are highly dependent on available funding (from the national
budget or external sources) and require that present facilities be upgraded;
30. Moreover, the courts recognize that they also lack human resource complement to address
cases. In order to dispose of cases faster and to ensure that courts are always available,
more personnel are needed. Such need were recognized by the CA and SB while
developing their plans.
31. The EJOW program perhaps is one of the biggest contributions to providing access to
justice. Designed to ensure that courts get closer to the people (being mobile at that), the
EJOW program also takes inventory of all detention prisoners and prioritize their cases.
The EJOW program has made remarkable progress not only providing another avenue to
resolve cases at a faster pace through mediation but also helping in decongest jails, freeing
thousands of detention prisoners since its relaunch. The SC plans to further expand this
program.
32. Another program that ensures that the courts are always accessible is the designation of
Saturday courts; however, there has been no official designation from the SC of such
courts. Presently, it is only the SB that has institutionalized this for bail purposes.
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33. Furthermore, the sense of corruption and presence of undesirables have made people
hesitant to turn to courts for justice. It is in this sense that the SC has plans to strengthen
its Court Cleansing Initiative and continue its Integrity Development Review.
34. Aside from physical access, financial access is similarly a key for the poor to gain access
to justice. Consequently, the SC has made efforts to mitigate the costs of litigation. The SC
resolution in A.M. No. 08-11-7-SC or the Rules on Exemption from the Payment of Legal
Fees of the Clients of the National Legal Aid Committee (NCLA) and of the Legal Aid
Offices in the Local Chapters of the IBP was issued by the Court. OCA Circular No. 672007 was issued as well for the clients of PAO to be unconditionally exempted from paying
docket fees and other fees. The SC has also allowed exemption for indigents from payment
of filing fees under the Rules of Court.
35. The SC has also provided free legal services by making it mandatory for lawyers to render
free legal aid under Bar Matter No. 2012. However, its implementation has been held in
abeyance pending the issuance of the Implementing Rules and Regulations of the IBP.
There have been concerns among lawyers on how these hours would be monitored and
regulated. The SC is likewise set to complete the implementation of an e-payment system
in all courts. The e-payment system, which is an in-house developed system of the SC
Management Information Systems Office (MISO), provides litigants with the convenience
of having to pay different fees with only one receipt.
36. Aware of the plight of marginalized sectors, the SC has an ongoing project to define and
look into possibilities of interfacing both the formal and informal justice systems.
37. The SC has also made measures to decriminalize certain offenses. With Administrative
Circular No. 12-2000 and A.M. No. 00-11-01-SC, the application of a fine rather than
imprisonment is preferred as a penalty to BP Blg. 22 cases. Similarly, Administrative
Circular No. 08-2008 imposes the penalty of a fine instead of imprisonment in libel cases.
Moreover, with the issuance of A.M. No. 08-8-7-SC that amended the Rules of Procedure
for Small Claims Cases, it gave claimholders an option to file a civil suit rather than a
criminal suit for money claims involving P100,000 or less.
38. Looking to other modes of dispute resolution, the Court has laid emphasis on the use of
alternative dispute resolution and mediation. The SC has issued A.M. No. 07-11-08-SC, or
the Special Rules of Court on Alternative Dispute Resolution, to provide for other ways to
resolve cases. The use of mediation in the EJOW program has also proved beneficial for
faster case disposition.
39. There is a lot to improve. Possible amendments to the Rule on the Writ of Amparo are
being looked at. Bills that address ELK and ED will need to be re-filed. Ratification of the
Additional Protocols of the Geneva Convention is also being lobbied in Congress. Possible
amendments of the Rules of Court may also be necessary to be more attuned to the different
needs in ELK and ED cases.

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40. Delay and slow case disposition are the main and common concerns for the courts pillar.
These are brought about by several factors. Though delays may be caused by the lack of
witnesses on the law enforcement side and by prosecution or defense-caused delays, the
current judicial structure which adheres to the constitutional mandate of according due
process to litigants has also contributed to such. The structure allows for every litigant to
use all available remedies and for all parties to be heard. Such inevitably lead to delays and
a slower pace of adjudication. Moreover, the insufficiency of resources, facilities, and
judges also contribute to this situation.
41. The SC, in its effort to address such delays, has issued new rules to provide more
mechanisms for justice. The Court has come out with the Rule on Small Claims Cases and
opened up alternative remedies such as the Writ of Amparo, Writ of Habeas Data, and the
Writ of Kalikasan. Its EJOW program has also brought the courts closer to the people,
allowing weak cases to be dismissed early on and detained prisoners freed;
42. However, there is still a lot to be changed. The SC must continue to be on top of these
changes. Presently, the judicial system is highly centralized in the SC. All rules and
changes in procedures must necessarily go through the highest court in the land; and these
changes have been very slow, oftentimes taking years to develop. Moreover, even
administrative concerns of local courts have to secure the approval of the SC. Thus, without
the initiative and direction of the SC, the courts pillar would practically be left at a
standstill. This remains a threat especially once the projects under the Action Program for
Judicial Reform are finished. New changes must be initiated;
43. Corruption also remains a major problem. In an SWS survey, one-fourth of present lawyers
say many/very many judges are corrupt.259 However, although half (49%) say they know
of a case in their own city or province where a judge took a bribe, only 8 percent of such
lawyers said they reported the bribery, the main excuse of those keeping silent being that
they could not prove it. The SC should continue to address this issue of accountability and
perception, and ensure that people, specially the marginalized and the poor, could truly
depend on the institution considered as the bulwark of justice and the rule of law;
44. Changes in the procedures are still crucial. Review and improvement of the Rules of Court
is still necessary to find ways on how to speed up the disposition of cases. The Rules of
Court has to be more responsive to the current needs of the times. Mobility and new modes
of communication must be integrated into the system. Along with this, full computerization
is also necessary for the Court to implement such. It is in this vein that online payment of
legal fees, e-documentation and e-filing must still be pursued. Likewise, new modes of
discovery must also be studied and if possible integrated in the system. Enforcement of
mandatory timelines must be set more strictly.
45. The courts need to strengthen disciplinary measures to ensure speedier disposition.
Decentralization, especially in administrative matters, is also recommended in order to
address the immediate need of local courts. As long as a clear and strong system of
accountability is in place, corruption concerns and lapses would be prevented.

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46. The court must also continue its initiatives to further broaden access to justice by the poor
and marginalized. Programs such as the EJOW should be continued and further expanded,
which are actually being done by the SC. And although there are budget constraints,
computerization of courts again is necessary in order to ensure an efficient case
management system.
47. Lastly, the perception of the judiciary should be continuously improved. Trust must be
established with the public through effective information dissemination. Media relations
should be further developed to improve awareness of the people.

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Section 7.1.
REFORMING THE PHILIPPINE
JUDICIAL SYSTEM
A. PRELIMINARIES
1. In March 2006, the final report on the study of the operations and linkages of the five
(5) pillars of Philippine justice system was released by the Philippine Supreme Court,
with the financial assistance of the United Nations Development Programme (UNDP).
2. For legal research purposes of the readers, let me extensively quote the verbatim
recommendations of the report, with the hope that Philippine jurists, lawyers, law
enforcers, bureaucrats, policymakers and legislators would exercise the statesmanship and
the political will to implement them for the good of the rule of law and the administration
of justice in the country, where access to justice by the poor and human rights violations
are grave societal concerns, to wit:
B. RECOMMENDATIONS
1. DECRIMINALIZE CERTAIN OFFENSES UNDER THE REVISED PENAL CODE
AND SPECIAL LAWS AND CODIFICATION OF CRIMINAL LAW
1.1. A deeper study to decriminalize and de-penalize certain offenses where there is no
specific offended party is necessary to improve the adjudication process. Legislation
is also needed, for instance, to abolish the crimes of prostitution, vagrancy, unjust
vexation, premature marriages, failure to render assistance of or assume public
office, simple disobedience to an agent or a person of authority, causing alarms and
scandals, and traffic violations;
1.2. The amendment of Batas Pambansa Blg. 22 (Bouncing Checks Law) must likewise
be studied, and so is the adjustment in the threshold amounts with regard to crimes
against property under the Revised Penal Code. If the Code is amended, many crimes
against property would no longer be brought before the regional trial courts as they
would already be resolved at the level of metropolitan and municipal trial courts;
1.3. The codification of criminal law is also proposed.
2. ADOPT MECHANISMS FOR ENFORCING STRICT COMPLIANCE TO

MANDATORY CONTINUOUS TRIAL AND PRE-TRIAL
2.1. This will require that a case management support tool be provided to judges in lower
courts in order to manage their caseloads and the programming of trial hearings on
the basis of continuous trials. A pre-trial conference which is efficiently and
effectively administered by the judge should yield to a shorter trial period, if not

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altogether avert the need for trial through alternative modes of settlement that may
be reached by the parties during the pre-trial period;
2.2. The pre-trial conference provides for extensive use of discovery modes, which will
eventually be helpful in the trial stage. In criminal cases, the pre-trial conference is
used to consider plea bargaining, stipulation of facts, marking for identification of
evidence of the parties, waiver of objections to admissibility of evidence, and such
matters that will promote fair and expeditious trial of the criminal and civil aspects
of the case;
2.3. It is recommended that the Supreme Court adopt mechanisms for the monitoring of
the implementation of pre-trial and the imposition of sanctions for non-compliance.
It is also recommended that extensive practical training on procedures and case
management tools within the context of continuous trials and the use of pre-trial be
conducted by the Philippine Judicial Academy (PHILJA) together with an
accompanying video presentation that should be produced as a teaching tool.
3. REVIEW AND IMPROVE THE RULES OF COURT
3.1. The review and amendment of the Rules of Court is necessary to further speed up,
simplify and render more inexpensive the disposition of cases. The review should
consider the following improvements:
a) Limiting the period within which Judges of Municipal Trial Courts have to
terminate the preliminary investigation of criminal cases;
b)
Returning to decisions by the Supreme Court en banc in order to avoid

conflicting decisions on same issue;
c)
d)
Setting of fixed amounts of time for the presentation of evidence and cross
examinations; using of affidavits in lieu of direct testimony of witnesses;
prohibiting postponements; and submitting draft orders and resolutions;
e)
Deputizing barangay officials to act as process servers because the cause of

delay in preliminary investigation is the lack of adequate process servers;
f)
Implementing electronic payment of legal fees, electronic case filing, and

electronic delivery of summons, orders and notices;
g)
Adopting teleconferencing as substitute to personal appearances of accused

and witnesses;
h)
Authorizing law enforcement agents to file cases directly with the

Metropolitan Trial Courts and/or Municipal Trial Courts in chartered cities,
so that warrant of arrest may be issued immediately for the detention of prime
suspects of heinous crimes;
i)
Reducing the grounds for motion to quash (presently, there are eight grounds
for motion to quash Section 3, Rule 117, Rules of Criminal Procedure);

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j)
Amending Section 5(b), Rule 113, on warrantless arrest, which requires

personal knowledge of facts on the part of the peace officers or private
persons that the person to be arrested has committed the offense, inasmuch as
it is very seldom that the peace officer is present during the commission of
the crime which is the only instance when he could be considered to have
personal knowledge thereof;
k)
Finding probable cause by the prosecutors to be binding on the courts for

purposes of proceeding with trial;
l)
Carving out more exemptions from the filing of bonds;
m)
Relaxing the Constitutional requirements for a judge to repeat all facts of a

case in a decision, to shorten the time necessary to pen decisions;
n)
Shortening the filing period for several pleadings and abbreviating court
processes by reducing direct testimonies;
o)
Looking into the problems of language in court proceedings by studying the

use of local dialects instead of English;
p)
Reviewing the time standards provided in the rules of court and speedy trial
act, identifying appropriate criteria to be used in the determination of time
standards for specific types of cases, and establishing time standards for case
types; and
q)
Reviewing procedures for the litigation process for specific types of cases.
4. REVIEW THE JURISDICTIONAL STRUCTURE OF THE COURTS

4.1. Prior studies provide recommendations on improving court jurisdictional structures
in specific areas based on assessments of specific issues in these areas.
4.2. An assessment of the effects of the current court jurisdictional structure on
geographical access, case congestion and delay, judge capacity, and overall
coherence of the court system has moreover been recommended. These
recommendations also include:
a) Establishing small claims courts;
b) Reassigning jurisdiction on less complex corruption cases from
Sandiganbayan to the lower courts;
c) Reorganizing the distribution of case assignments in the Sandiganbayan by
allowing individual justices to handle specific cases and selectively assigning
cases to divisions and to the En Banc; and
d) Focusing the TC Heinous Crime Courts on heinous crime cases; removing
from their jurisdictional coverage civil cases.

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5. REMOVE DUPLICATION AND OVERLAP AND CLEARLY DEFINE THE

OPERATIONAL DELINEATION AMONG PRE-TRIAL SYSTEM, BARANGAY
JUSTICE SYSTEM AND THE COURT-ANNEXED MEDIATION SYSTEM
5.1. Judges argue that cases that have passed through the Barangay Justice System do
not require pre-trial. Relatedly, a mandatory court-annexed mediation is being
implemented in the lower courts and in the Court of Appeals, although the
experience of the pilot court-annexed mediation units indicated that while case
settlement rates are high, referral rates of cases by judges are very low.
5.2. Similarly, during pre-trial, an attempt to arrive at an amicable settlement could be
made. In view of this similarity of purpose and objective, there is a need to study
these discrete systems and clearly define their jurisdictions and operational
delineation so that they can meaningfully contribute to case decongestion and delay
reduction.
5.3. Within the context of established jurisdictional delineations and operational
processes, the strengthening of the Barangay Justice System and full
implementation of the court-annexed mediation system must be undertaken as
necessary measures for case decongestion and early dispute resolution.
Mechanisms at the barangay level must be installed in order to protect poor and
vulnerable parties from the abuse of more politically and economically powerful
opponents to the case.
6. MODERNIZE CASE MANAGEMENT TECHNOLOGY AND INFORMATION

SYSTEM IN THE LOWER COURTS
6.1. Systems functional specifications and user requirements definition have been
developed under a project on an enterprise-wide case management information
system in the lower courts which was funded by the World Bank PHRD Grant.
6.2. The system will provide a unique case identification mechanism; allow tracking of
case location and status; and provide mechanism for detecting forum shopping,
delay and violation of statutory time limits, and detained parties whose stay in jail
have exceeded the maximum penalty prescribed by law for their offenses. The
system will likewise provide tools for judges to manage case prioritization and
scheduling, as well as manage courtrooms utilization. It will provide functions for
e-payment and e-issuance of court orders and notices.
6.3. At the analytic level it will allow court administrators and justices to track the
performance of judges, locate specific cases of interest, and provide information
which is useful in monitoring and evaluating institutional performance.
6.4. The adoption of transcription technology, teleconferencing, and electronic casefiling, electronic issuance of summons, orders and notices has been planned.
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6.5. These application systems will require substantial one-time public investments in
installing the necessary infrastructure, in designing the systems, and in
implementing them. Funding for these is available under a Judicial Reform Support
Program Loan from the World Bank. The implementation of the case management
information system must however be undertaken within the context of an integrated
criminal justice information system.
6.6. A change management program is essential particularly since these will
revolutionalize court processes and the way the courts communicate and relate to
court users. User training, technology competency training, thematic training in
specific work areas, and public information and advocacy would be essential
components of the change management strategy.
7. DESIGN AND ADOPT AN INTEGRATED CRIMINAL JUSTICE INFORMATION

SYSTEM
7.1. The design and installation of an integrated criminal justice information system that
will link crime and case information across the pillars is recommended. The
integrated system will have the following system components:
a) Crime management information system of PNP, NBI and other police agencies
which will store data on crime offenders, crimes, and other crime indicators.
The system will also support police operations by allowing information
sharing to facilitate tracking of suspects and cases, crime mapping, and crime
analysis.
b) Prosecution system which will contain a case management information system
that will support the management of specific cases and overall caseload;
c)
Court case management system which will provide information and

management support required in the management of caseload and case
management by judges and clerks of courts;
d) Jail management information system which will provide information and

management tools in tracking prisoners, their conditions, status and activities
and other relevant information;
e) Criminal justice information sharing system which will allow exchange of
information across the pillars within the bounds of disclosure policies.
7.2.
The development of crime classification and crime indicators will be necessary in

establishing the criminal justice information system.
8. ADOPT A HOLISTIC APPROACH TO THE IMPROVEMENT OF THE CRIME

INVESTIGATION SYSTEM OF THE POLICE
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8.1. Improving the overall capacities of the police for crime investigation will require a
holistic approach that will involve the following:
a) Improving and integrating police manuals into one manual for police
operations, including among others specific improvements on investigation
procedures, eyewitness identification procedures, interrogation procedures,
arrest, and rules on evidence.
b) Modernizing the crime laboratory, improving its capacity for scientific analysis
of crime case evidence.
c) Strengthening the independence of crime investigations and the analysis of
evidence and providing institutional mechanisms for insulating these. The
outsourcing of scientific analysis of evidence should be considered to improve
efficiency and strengthen independence of the process.
d) Establishing mechanisms to ensure that prosecutors get all the evidence.
e) Improving case documentation procedures and skills in police report
preparation.
f) Strengthening the curricula and teaching technologies in PPSC on crime scene
investigation, interrogation and field investigation, case documentation and
reporting, and witnessing in courts. Mastery of the police manual should be a
pre-condition for completion of the training and education program.
g) Improving the remuneration of the police force as a way of strengthening their
insulation from undue politicization and corruption.
h) Improving the resources and facilities of court stations and their services to
vulnerable groups.
i) Developing peer to peer and office dialogue mechanisms for regular and
collective analyses of crime cases and for information and experience sharing
j) Focusing policemen on just doing police work and not deploying them as body
guards of important people
k) Piloting these and other institutional reforms at the police station level and
creating pilot model police stations
9. ESTABLISH THE INDEPENDENCE OF CRIME INVESTIGATION AND
PROSECUTION AGENCIES TOGETHER WITH A MEANINGFUL
OPERATIONALIZATION OF JUDICIAL AUTONOMY
9.1. Consider establishing an independent National Prosecution Service, and PNP/NBI,
together with the operationalization of reforms in judicial independence. The
parameters for the independence of the prosecution and police must be defined
while operating within the reasonable bounds of existing administrative and
financial management laws, rules and regulations of the government. This will
include addressing the following issues: removing negotiable and highly
discretionary support from LGUs; reintegrating authority to the PNP Chief to
recruit, appoint and promote and discipline the police force without prejudice to an
appropriate civilian review system; removing LGU authority over the internal
administration of the police force; and removing NPS as an organic structure of the
DOJ and establishing it as an independent agency;
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9.2. The implementation of judicial independence reforms include the adoption of a

one-line item budget which should be automatically and fully released by removing
transactional requirements; putting in place mechanisms for the objective
determination and automatic remittance of LGU support to the courts; and
assumption by the Judiciary of the authority to determine the details of its budget,
organization and staffing;
9.3. These will require legislation and long-term development of institutional capacities
as well as considerable political will. These will be one of the most difficult reforms
to put in place.
10. UNDERTAKE DETAILED REVIEW AND REENGINEERING OF THE ENTIRE

PUBLIC DEFENSE SYSTEM TO IMPROVE ITS CAPACITY TO PROVIDE
SERVICES, IMPROVE ACCESS AND EFFICIENCY, AND STRENGTHEN ITS
INDEPENDENCE
10.1. Within severely limited budgetary resources, the government must improve the
efficiency of expenditures for public defense by adopting among others good
governance framework and practices. A detailed review and reengineering of the
social defense system is needed considering the following:
a)
Integrating all legal services of the national government into the Public
Attorneys Office (PAO);
b)
Refocusing the role of PAO from directly providing legal services to

mobilizing and managing the countrys resources for public defense;
c)
Establishing PAO as an independent agency with some corporate powers,

allowing it to mobilize private sector resources;
d)
Assigning public defense functions to LGUs (starting with high income

LGUs) with PAO performing oversight roles and functions (e.g., providing
and enforcing service standards and providing technical assistance);
e)
Enacting a law, requiring all law firms, law students and law practitioners to
render free legal assistance to the poor and remote barangays; and
f)
Strengthening partnership mechanisms among the PAO, the courts, IBP and
alternative law groups to improve geographical access of public defense
services particularly in remote areas.
11. ASSESS POSSIBILITIES FOR MAINSTREAMING CUSTOMARY MODES OF

ADJUDICATION IN THE CRIMINAL JUSTICE SYSTEM
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11.1.
The Indigenous Peoples Rights Act (RA 8371) gives due recognition to the
indigenous peoples justice system and the use of their own traditional
methodologies and practices for conflict resolution.
11.2.
While the justice system among the indigenous peoples varies in approaches and
methodologies, common to these traditional practices is the participation of the
community members in settling disputes. These traditional forms of justice should
be reconciled with the national legal systems and internationally recognized
human rights processes and with the penal code. There is therefore a need to
provide clear parameters on how these may be integrated and made compatible
with the current legal system of government;
11.3.
A study on the potential expansion of the jurisdiction of the Sharia courts and the
removal of the overlapping of its functions with the regular lower courts should be
also undertaken.
12. REMOVE DUPLICATION, OVERLAPPING, PROLIFERATION AND

FRAGMENTATION OF LAW ENFORCEMENT FUNCTIONS, REINTEGRATE
POLICE
FUNCTIONS,
AND
REMOVE
INSTITUTIONALIZED
POLITICIZATION OF THE POLICE
12.1.
In order to conserve severely limited budget resources, improve overall coherence

and efficiency, and clarify accountability, a system-wide rationalization of police
institutions should be undertaken through the following measures:
a)
Removing duplication of functions and jurisdictions between the National

Bureau of Investigation (NBI) and the Philippine National Police (PNP);
b)
Reintegrating specialized crime agencies into the regular police force, thus
removing duplicative overhead expenditures and conflicting jurisdictions;
c)
Reintegrating police powers and functions now assigned to more than 30

national government agencies to a reorganized PNP/NBI; and
d)
Defining the role of local governments in policing.
13. STRENGTHEN THE CAPACITIES OF PROSECUTION AGENCIES NPS AND

OMB
13.1.
The government must strengthen the core capacities of prosecution agencies

simply by providing more prosecutors to the National Prosecution Service (NPS)
and the Office of the Ombudsman (OMB).

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13.2.
The criteria for the determination of the appropriate number of prosecutors should
be established based on caseload. Caseload fluctuations can be addressed by
adopting some flexible prosecutor deployment and tenure mechanisms which may
include outsourcing prosecutors and providing legal research staff to prosecutors,
for example, through deployment of law students as practicum
14. REENGINEER THE INSTITUTIONAL FRAMEWORK OF THE CORRECTIONS

PILLAR, DEVOLVE DELIVERY WHILE MAINTAINING STRONG
OVERSIGHT
14.1. The preparation of a devolution plan for the correction system and the
rationalization of its institutional framework within a devolution context are
recommended. Such devolution program will involve:
a)
Transferring to provinces, cities and municipalities the responsibility for the

provision and maintenance of local jails.
b)
Streamlining the oversight agencies of national government by removing their

delivery functions and strengthening their role in providing and enforcing
standards.
c)
Providing mechanisms for private sector participation in restorative justice

and providing half way houses particularly for women and youth offenders.
15. AMEND THE PROBATION LAW TO EXPAND ITS COVERAGE

15.1. The coverage of the Probation Law could be expanded to include sentences of
prision mayor medium, except in drug cases. This will ease the severely congested
penal facilities in the country and thereby contribute to the efficiency of the Bureau
of Corrections in processing papers of inmates and its effectiveness in providing
restorative justice programs. This will also lessen the caseload of the Bureau of Jail
and Management and Penology, as well as the provincial and sub-provincial jails
which manage their respective jail facilities.
15.2. With decongested local jails, limited resources can be used to improve prison
conditions and put in place mechanisms for restorative justice in local jails in
partnership with LGUs, national government agencies, civil society organizations
and the communities.
15.3. Moreover, if more offenders could benefit from probation, they could be persuaded
to enter a guilty plea with the prospect of being put under probation instead of being
imprisoned, resulting in more criminal cases speedily disposed by the courts. This
would also not only prevent but minimize appeals.

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16. POPULARIZE THE LAW TOWARDS BETTER COMMUNITY CAPACITY TO

DEMAND
JUSTICE
REMEDIES
AND
IMPROVE
COMMUNITY
CONTRIBUTION IN PROVIDING JUSTICE REMEDIES
16.1. The general public who are familiar with the law may be better able to support and
be more cooperative with the police in solving crimes. They will have stronger
capacities to demand the provision of justice remedies thus strengthening the
accountability of criminal justice institutions. Aside from the strategy of tapping
the media to popularize the law, other related measures include:
a)
Integrating criminal justice teaching exemplars or subjects into the formal

education system, building on the gains of the CHRs teaching exemplars on
human rights.
b)
Integrating law popularization procedures in the legal assistance services of

the government and private sector and in the Barangay Justice System.
17. MAINSTREAMING RBA IN CRIMINAL JUSTICE

17.1. This involves the design and implementation of rights-based approaches (RBA)
by mainstreaming them into the operational procedures and practices and in
training programs of policemen, prosecutors, lawyers and judges. RBA is now
being formulated and implemented by the CHR.
17.2. What needs done is to formulate specific approaches and tools and provide
assistance to the pillars in conducting assessments of their policies, procedures and
practices. There is also a need to design appropriate RBAs and mainstream them
into these policies and procedures.
18. STRENGTHEN THE HUMAN RESOURCE MANAGEMENT SYSTEMS ACROSS

THE PILLARS
18.1. The studies pointed to serious issues in human resources management that
undermine the efficiency, effectiveness and integrity of the criminal justice
system. Reforms to address these issues have been identified, including the
following:
a) Conduct of study and rethinking the entire police education and training
system, considering its transfer to the PNP. Police training must produce
competent policemen who upon completion of training have acquired core
competencies in all relevant aspects of police operations and procedures, the
law, and the police tools.

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b) Integrating prosecutors training to the Philippine Judicial Academy and

expanding the training programs as well as the institutional capacities and
resources of the Academy.
These include specialized training programs on case management, law and
jurisprudence, management of trials by judges, decision-writing and judicial
comportment by judges, case preparation by prosecutors, trial skills of
prosecutors and other specialized competency areas. PhilJAs reach and
delivery system must be considerably improved.
c)
Improving qualification standards for new recruits (police, investigators and

agents and prosecutors) accompanied by attractive compensation and benefit
package, and career development opportunities; and expanding the skills mix
for investigators and other personnel involved in highly specialized crime
intelligence and investigation.
d) Improving the policies and procedures for police performance evaluation and
promotion.
e) Designing and adopting new psychometric tools for policemen and judges to
weed out those whose character profile does not fit the integrity requirements
and other personality traits required for the job.
19. STRENGTHEN DISCIPLINARY MEASURES PARTICULARLY ON MATTERS

CONNECTED WITH CRIMINAL CASE MANAGEMENT
19.1. A review of disciplinary procedures and manuals on discipline in the pillars is
recommended.
19.2. Disciplinary measures relating to compliance with specific rules on handling of
criminal cases should be put in place, synchronized with the improvement of operating
rules and procedures in the pillars, such as the rules of court. Specific measures can
already be adopted such as:
a) Imposing disciplinary actions on policemen who fail to appear during trials.
b) Imposing sanctions and penalties to lawyers who are notoriously tardy or
absent during court hearings. The courts must establish a tracking system on
lawyers in litigation cases.
c)
Developing standards for police case investigation and arrest procedures and
defining compliance parameters together with sanctions for breaches in
procedures.
d) Integrating in the performance standards and evaluation system criteria on

managing cases, reporting skills and performance, investigation performance,
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and imposition of stronger disciplinary actions for habitual tardiness and

absenteeism.
20. ADOPT A ONE-TIME COMPREHENSIVE ACTIVITY TO FAST TRACK THE
PROCESSING OF SOME 600, 000 CASES COMPRISING THE CASE BACKLOG
IN THE LOWER COURTS
20.1. This initiative will require planned action and resource mobilization which include
among others the following:
a) Identifying all courts with unmanageable case backlogs.
b) Undertaking an inventory of case backlogs.
c)
Formulating a typology of cases as basis for the formulation of procedures and

determination of interim time standards.
d) Developing interim time standards and procedures for the processing of case
backlogs.
e) Developing and implementing training programs for appointed judges who
will participate in the project.
f)
Designing an organizational mechanism for providing judges to process case

backlogs.
g) Installing a project management mechanism to monitor the project, identify

and provide administrative and technical support systems and do trouble
shooting if necessary.
h) Developing mechanisms for cooperative arrangements with the other pillars of
justice (PNP,NBI, NPS, OMB and social defense agencies and private
organizations) in order to facilitate the gathering or provision of evidence,
production of witnesses, provision of legal assistance to pauper litigants, arrest
of suspects, provision prosecutors, etc.
21. PASS LEGISLATION TO RATIFY INTERNATIONAL TREATIES AND

CONVENTIONS
21.1. International treaties and conventions are best exemplified by those pertaining to the
promotion and protection of human rights. At the core of the international human rights
system is the United Nations and its charter which was signed on 26 June 1945. The
charter provides provisions that set the foundation for the international human rights
system. In particular, under Article 55 of the charter, member-nations commit to
promote universal respect for and observance of, human rights and fundamental
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freedoms for all without distinction as to race, sex, language or religion. Article 56 of
the charter provides that all members commit to take joint and separate actions in
cooperation with the UN to ensure the achievement of the provisions of Article 55. The
Philippines is signatory to 23 human rights treaties and protocols. Thus, the government
is bound to comply with and ensure the implementation or observance of the provisions
of these treaties and protocols.
21.2. International legal framework like that on the above on human rights provides
normative protection for access to justice by providing (a) international obligations for
states; (b) other standards that are not binding to the states as such but give normative
guidance on specific issues (e.g., resolutions, declarations, guiding principles, etc.) and
may be indicative of a growing internal consensus to further develop the international
legal framework; (c) an additional forum for access to justice (e.g. communications and
inquiry procedures initiated through treaty bodies and regional courts and
commissions, in cases where national mechanisms are ineffective); (d) mechanisms to
monitor states compliance with treaty obligations; and (e) an additional forum to create
or influence national norm making.
21.3. The legal gaps in the protection of human rights include the non-inclusion of
international law in the national law of the country. This is specifically true in the case
of torture and other cruel, inhuman or degrading treatment or punishments. The
Philippines is a signatory of the UN convention on the matter and on the international
humanitarian law, but there is no national law yet to implement the conditions and
requirements of these commitments.
22. There is need therefore to study the legal barriers to international legal protection,
especially the non-incorporation in the national law of ratified treaties in which the country
is a signatory.

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Section 8
JUSTICE SYSTEM: CORRECTIONS PILLAR
A. INTRODUCTION
1. The corrections pillar is composed of the institutional and non-institutional agencies of the
government.
2. The institutional agencies include the Bureau of Corrections (BUCOR) under the
Department of Justice (DOJ), the Bureau of Jail Management and Penology (BJMP) under
the Department of the Interior and Local Government (DILG), and the Council for the
Welfare of Children under the Department of Social Welfare and Development (DSWD).
On the other hand, the non-institutional agencies include the Parole and Probation
Administration (PPA), and the Board of Pardons and Parole (BPP), which are all under the
DOJ.
B. EXISTING CAPACITIES BUREAU OF CORRECTIONS (BUCOR)

3. The BUCOR is the only primary institution in the corrections pillar that provides full
custody and rehabilitation programs for the transformation of insular prisoners, those
sentenced to more than three years to capital punishment;
4. The mandate of the BUCOR is to rehabilitate national prisoners. Among the functions of
the BUCOR are the following:
4.1.Safe-keep prisoners convicted by the courts to serve sentence in prisons;
4.2.Keep prisoners from committing crimes while in BUCORs custody;
4.3.Provide inmates basic needs as human beings;
4.4.Ensure rehabilitation programs are made available to the inmates for their physical,
intellectual, and spiritual development; and
4.5.Develop livelihood programs to assist inmates earn a living and develop their skills
while in prison.
5. The BUCOR maintained in its custody 35,793 inmates, 1 percent higher than the previous
year. Congestion rate in all prison facilities decreased from 75 percent to 65 percent; with
the New Bilibid Prison as the most overcrowded facility with 120 percent congestion rate.
Despite the decrease, however, congestion remains to be the number one problem of the
Bureau.

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6. To address the problem of congestion at the national penitentiary, qualified medium

security prisoners in Muntinlupa are shipped to less populated prisons and penal farms.
Colony assignments are not only to decongest the premier national prison but also to
provide personnel to improve the production capacity of the other penal farms.
7. Intensive campaign against the entry of contraband was observed. A series of search
operations was conducted to rid the prison premises of contraband. The search operations
led to the confiscation of prohibited drugs, deadly weapons, intoxicating liquor, gambling
paraphernalia, cellular phones, and similar items;
8. The welfare of inmates as to the provision of their basic needs has improved with the
increase of daily food ration and the medicine allowance at P50 and P3 per day/inmate,
respectively. The annual budget per inmate is P22,272.00;
9. The Bureau says that the limited budget appropriated to their rehabilitation programs
renders it difficult for the Bureau to enhance the same. The Bureau could not procure the
facilities and equipment necessary to serve all their clients. The Bureau said that this affects
the effectiveness of the programs as shown by the rate of recidivism, at 18 percent in 2009.
The Bureau, however, has creatively augmented its budget. For instance, the Bureau has
resorted to the cultivation of medicinal plants to be used as alternative medicines to inmate
patients at the NBP Hospital;
10. The Bureau undertakes to re-engineer its organization to allow for a paradigm shift from
the punitive to restorative and rehabilitative correctional system for those who are confined
in the countrys eight penitentiaries.
11. Key problems leading to the difficulties of the Bureau:
11.1. Lack of BUCOR personnel. The number of personnel has remained constant at 2,362
from 1989 until 2009. Within the same 20-year-period, however, the number of
inmates has more than doubled from 12,970 to 34,547. This results in a severe
disparity between the number of personnel and the inmates.
11.2. BUCOR personnel salary grades. Not considered as uniformed personnel, BUCOR
personnel are not covered by salary increases pertaining to uniformed personnel such
as the Bureau of Immigration.
12. The real threat with respect to coordination with other pillars is the red tape problem. This
slows down the transfer of needed documents and services. Also, not all sectors of the
pillars are fully computerized. This consequently hinders quick communication and
coordination among them;
13. Problem of Corruption affects the Pillar;

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C. EXISTING CAPACITIES BUREAU OF JAIL MANAGEMENT AND PENOLOGY35

14. The Bureau of Jail Management and Penology was created in 1991 to address the growing
concern of jail management and penology problem. Primarily, its clients are detainees
accused before a court who are temporarily confined in such jails while undergoing
investigation, awaiting final judgment and serving sentence promulgated by the court of
imprisonment for three years and below;
15. As provided for under RA No. 6975,36 the Jail Bureau is mandated to take operational and
administrative control over all city, district and municipal jails. The Bureau has four major
areas of rehabilitation programs, namely: Livelihood Projects; Educational and Vocational
Training; Recreation and Sports; and Religious/Spiritual Activities. These were
continuously implemented to eliminate the offenders pattern of criminal behavior and to
reform them to become law-abiding and productive citizens;
16. The steady increase in the number of inmates would mean that the congestion rate would
worsen over the years. According to the BJMP, it needs P4.069 billion in order to address
this problem.
17. Furthermore, Congress has failed to act upon proposed bills for the integration of jails. Jail
congestion leads to other concerns. Inmates are susceptible to communicable diseases such
as Severe Acute Respiratory Syndrome (SARS), Tuberculosis (TB) and Influenza A
(H1N1) Virus;
18. Not all jails maintained by the Bureau have perimeter fences. This increases the risk of
inmates escaping. Jail facilities need to be repaired.
19. To further compound the problem, there are threats from terrorist groups that have
comrades in jail, such as the Moro National Liberation Front (MNLF), Moro Islamic
Liberation Front (MILF), Abu Sayyaf Group, New Peoples Army (NPA), etc. Moreover,
some jails are located in rebel-infested areas. To make matters worse, relatives and
affiliates of inmates are willing to help them escape. With the help of some jail officers and
personnel, the family members are able to bring in contraband materials.
20. The Bureau considers as problematic the securing of inmates in situations where they are
confined in hospitals. The Bureau considers this as one of the riskiest assignments for
BJMP escorts because only a single jail officer is deployed for a confined inmate;
21. Bureau admits that it currently does not impose any quality control standards with respect
to the products. This sometimes renders the products unmarketable. The Bureaus
personnel also do not have adequate technical knowledge in preparing feasibility studies.
The Bureau should also provide an area where inmates can do their crafts. The Bureau said
35
Bureau of Jail Management and Penology <http://www.bjmp.gov.ph>

An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local
Government, and for Other Purposes, Republic Act No. 6975, Ch. V (1990).
36

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that while it does not promote the products produced by the inmates, it seeks assistance
from NGOs to market them.
22. One of the more important projects of the Bureau is its After Care program. The Bureau
is confident that there will be lesser cases of recidivism if the inmates are properly given
after care services. The Bureau, however, admits that it encounters negative
perception/discrimination from the community towards their clients;
D. EXISTING CAPACITIES BOARD OF PARDONS AND PAROLE

23. Pursuant to Act No. 4103 dated December 5, 1933, and EO No. 83 dated January 11, 1937,
the Board of Pardons and Parole is mandated to grant parole to prisoners, recommend to
the President the grant of Absolute Pardon, Conditional Pardon, and Commutation of
Sentence, and take part in the rehabilitation of the parolees/pardonees through the
Technical Service of Parole and Probation Administration which acts as the service arm of
the BPP;
24. In the evaluation and review of petitions for parole and executive clemency, the Board
relies mainly on two basic documents: the Prison Records and the Prison Jackets or
carpetas of qualified prisoners.
25. The BPPs output therefore depends on the availability of these records which originate
from the BUCOR and local jails. The output in terms of grant of parole, and
recommendations for commutation of sentence, conditional pardon, and absolute pardon
depends on the completeness of the documents contained in the carpeta, such as:
25.1. Court decision and fiscals information; certificate of no pending case;
25.2. Certificate from the courts on the finality of the decision on the case;
25.3. Pre p parole/executive clemency investigation reports; psychological/psychiatric
reports on prisoners convicted of serious or heinous crimes and sentenced to
reclusion perpetua/life sentence.
26. Because the Board is under the Office of the Secretary of Justice, it relies upon the
discretion of the Office of the Secretary for the release, procurement and availability of the
logistics vital to b efficient operations. In addition, the funds allocated for the Boards
outreach program, which is intended to bring its services closer to the people, are
inadequate. The BPP also has a centralized operation, where the Manila office operates the
parole system nationwide.
27. The Board operates with a small number of personnel. With the rationalization program of
the government, the Board expects that the number of personnel will further be decreased.
The Board is concerned over the training of its personnel. Also, there is a need for the
Board to train its personnel with new technology. The Board is one of the agencies which
does not have a website;

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28. The Board coordinates with other agencies in the performance of their functions. Before
the Board can issue a carpeta, it has to be satisfied that the client has already been sentenced
and that there are no pending appeals. Moreover, the Board has to ensure that the records
of the client are complete. This requires the Board to coordinate with other agencies.
However, the Board says that they encounter problems when other agencies do not notify
them immediately of a pending appeal;
E. EXISTING CAPACITIES PAROLE AND PROBATION ADMINISTRATION
29. The Parole and Probation Administration, previously called the Probation Administration,
was created by virtue of PD No. 968, The Probation Law of 1976, to administer the
probation system;
30. Under EO No. 292, the PPA was given the additional function of supervising prisoners
who, after serving a part of their sentence, are released on parole or are granted pardon with
parole conditions. In 2005, the investigation and supervision of First Time Minor Drug
Offenders (FTMDO) placed under suspended sentence became an added function pursuant
to Sections 66, 68, and 81(b) of RA No. 9165 or the Comprehensive Dangerous Drugs
Act of 2002 and as per Dangerous Drugs Board Resolution No. 2, and the Memorandum
of Agreement between the DDB and the PPA. Also in 2005, EO No. 468 mandated the
revitalization of the Volunteer Probation Aide (VPA) Program. This placed the PPA in the
forefront in relation to crime prevention, treatment of offenders in the community based
setting, and in the overall administration of criminal justice;
31. The Administration also attempts to change public perception toward their clients. The
administration admits that they are confronted by intense criticism from the public. They
are considered as being soft on crimes because they pursue programs for offenders. This
consequently results in the difficulty that they encounter in rallying public and political
support for their programs.
F. OBSERVATIONS AND RECOMMENDATIONS
32. The issue primarily plaguing the corrections pillar is the congestion of jails. The different
agencies composing the corrections pillar are steadily becoming unable to cope with the
increasing number of inmates and convicts.
33. Considering the limited personnel and facilities available, which remains constant despite
the steady rise in inmate population, they are unable to meet the increase. The result is an
atmosphere which is hardly conducive for reformation, rendering the correction and
rehabilitation even more daunting tasks.
34. To address this issue, one of the proposed solutions is rather straightforward: the
improvement of the infrastructure of the jails. Increasing jail capacities and improving the
conditions within would effectively create a less congested and more habitable
environment. Another proposed plan of action is the investigation of the records of those
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eligible for pardon or parole. By doing this, and thereafter making the proper
recommendations, inmates who qualify may be released or may be granted provisional
release, reducing inmate population. For such purposes, legal aid is also enlisted to help
the inmates gain access to lawyers, enabling the pursuit of meritorious cases;
35. Related to the infrastructure solution is the maximization of land assets. Additional land
will allow the BUCOR to construct additional security facilities and implement the
proposed prison regionalization. The BUCOR is seeking a review of all proclamations
regarding prison lands in order to secure legal titles to such. Along with the conditions of
the detention environment, the corrections pillar is also concerned with the welfare and
well-being of the inmates.
36. As regards to health, the BUCOR intends to implement health and welfare programs which
will satisfy the basic medical needs of inmates, to say the least. The BUCOR and the BJMP
plan to address the needs of female inmates, such as: Separating the facilities for women,
increased protection of women in detention, catering to special needs of pregnant women,
and procuring of more female wardresses.
37. Concerning the rehabilitation of inmates in general, the different agencies composing the
corrections pillar undertake to create programs on livelihood skills training, education,
sport and recreation for the general well-being of the inmates. Among the benefits of such
programs is that it allows the inmates to find livelihood and create a source of income for
themselves;
38. All the institutions comprising the corrections pillar share the same sentiment: that the
correction system plays an important role in the CJS. They are responsible for the
reformation of offenders and the preparation, in certain cases, of these offenders for
reintegration into the community. Despite the important role that they play, the corrections
pillar has been neglected by the government.
39. Among the pillars in the CJS, the corrections pillar has the smallest budget allocation. It
must be pointed out that the apprehended offenders, those undergoing trial, and those
convicted are all in the custody and care of the corrections pillar. It is within this pillar that
these persons stay the longest. Thus, the more people are apprehended by the law enforcers,
the more crowded jails become, and the more costs it entails the government;
40. The corrections pillar also deals with the stigma associated with being suspected or
convicted of an offense. The institutions are slowly changing this perception by launching
programs which are aimed at restorative justice. Previously, the correction system is
oriented towards a punitive approach. Thus, one can see that the rehabilitation programs of
the institutions include moral recovery by the therapeutic community as well. The
institutions are actively involving the community in the reformation of the offenders and
inmates.
41. The initiatives undertaken by the institutions of the corrections pillar must gain support
from the government. As stated by the PPA, the government must realize that it will
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actually save more money if it invests in the reformation and rehabilitation of the
offenders/inmates. An effective implementation of these programs will lower the rate of
recidivism. An effective monitoring system must, thus, be put into place;
42. While, admittedly, the institutions suffer from budgetary constraints, they can tap into the
resources of the community to effectively implement their programs. The BUCOR, BJMP,
and the PPA have a therapeutic community program/modality. They can use this to
actively engage the community in the rehabilitation of offenders;
43. Furthermore, the VPA Program of the PPA and the Paralegal Program of the BJMP must
be strengthened to help ease the congestion problem of jails. The institutions must also
work closely with the courts especially with the EJOW program. Records management
must also be improved. The BPP is reliant on the records submitted by institutions in the
processing of carpetas. If records are in order, this would make the processing faster
benefitting those who are qualified with meritorious cases.
44. Awareness of the restorative approach must also be brought to the level of the community.
This will address the problem of negative perception. The programs which allow the
continued education of inmates and providing them with means of livelihood should be
encouraged and continued. Such programs are in line with the thrust that corrections is not
the final step in the process of criminal justice but rather a means of allowing inmates to
return to society.

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Section 9
JUSTICE SYSTEM: COMMUNITY
A. INTRODUCTION
1. The administration of the Criminal Justice System is not the exclusive responsibility of
the police, prosecutors, judges, and corrections personnel. Without the active
participation of the members of the community, the processes of the Criminal Justice
System cannot work.
2. The police rely on the citizens to report crimes and to assist them in the conduct of
investigations. The prosecution and the judges depend upon citizens as witnesses in the
prosecution of the offender. The corrections pillar also needs their support in their
respective community-based corrections programs.37 The institutional agencies under the
community pillar include the Department of Social Welfare and Development, the
Department of the Interior and Local Government, the Commission on Human Rights,
and the National Commission on Indigenous Peoples;
B. EXISTING CAPACITIES: DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT
37
3.
The Department of Social Welfare and Development (DSWD) aims to provide social
protection and the promotion of the rights and welfare of the poor, vulnerable and
disadvantaged individuals, families and communities, that will contribute to poverty
alleviation and empowerment through social welfare and development policies,
programs, projects and services implemented with or through local government units,
non-governmental organizations, peoples organizations, government organizations and
other members of civil society.
4.
One of the goals of the Department is to provide preventive, protective, and

rehabilitative and developmental programs and services. The services rendered by the
DSWD may be grouped into four: center-based services; community-based services;
residential care services; and social welfare and development technologies.
5.
Center-based services are services rendered in facilities referred to as centers on a

daily basis or during part of the day. Clients of these facilities have families to return to
after treatment or after undergoing developmental activities. These facilities may also
J.R.
Zuo,
Community
Involvement
in
the
Prosecution
of
Crimes,
54
<http://www.unafei.or.jp/english/pdf/philippines_pdf/topic2.pdf> citing Puno, Contemporary Problems in the
Administration of the Criminal Justice, CJ Journal, 1982, Vol. 2

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accommodate clients who need to undergo thorough assessment and diagnosis for a
maximum of three weeks;
6.
Community-based services are preventive, rehabilitative and developmental programs

and initiatives that mobilize/utilize the family and community to respond to a problem,
need, issue or concern of children, youth, women, person with disabilities, older persons
and families who are in need and at-risk. Residential care services include centers and
facilities that provide 24-hour alternative family care to poor, vulnerable, and
disadvantaged individuals and families in crisis whose need cannot be met by their
families and relatives or by any other form of alternative family care for a period of
time. Under Social Welfare and Development Technologies, the DSWD continues to
implement pilot projects which will be marketed to local government units that need the
projects;
7.
The DSWD deals with a number of child abuse cases;
8.
The DSWD deals with children in conflict with the law (CICL);
9.
The DSWD deals with Women in Especially Difficult Circumstances (WEDC).
10. Some of the major problems encountered by the DSWD in implementing their programs
and services include the inadequacy of budget appropriation, lack of training of
personnel, and non-monitoring of some plans and programs.
11. It is noted that the DSWD cannot extend legal services to their clients. This is because
the Departments Legal Department is for administrative purposes only. Their lawyers
do not represent their clients. The Department has a Memorandum of Agreement with
the Child Justice League but this is utilized for high-profile cases only. It suggested that
there should be a pool of lawyers appointed to the DSWD who will render legal services
to their clients.
12. The DILG should orient the barangay officials on the circulars and guidelines they issue.
It is observed that the DILG does not always provide the LGU or the barangay with the
necessary technical skills needed to implement their programs, such as the BCPC
(Barangay Council for the Protection of Children);
C. EXISTING CAPACITIES: DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT
13. The Department of the Interior and Local Government (DILG) is mandated under the
law to promote peace and order, ensure public safety, and further strengthen local
government capability aimed towards the effective delivery of basic services to the
citizenry. The DILGLocal Government Sector (DILG-LGS), as part of the community
pillar, plays an essential part in the development of the Criminal Justice System. One of
its goals is to improve the performance of local governments in governance,
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administration, social and economic development which contributes to providing access

to justice by the poor, especially women and children;
14. Specifically, the DILG develops advocacy materials on laws concerning women (RA
No. 9262 or the VAWC Law) and children (Juvenile Justice and Welfare Act). It
likewise issues guidelines on how local governments draft local legislation compatible
with such laws. The DILG also monitors compliance of the LGUs, especially with
respect to the establishment of Local Council for the Protection of Children (LCPC) and
compliance with JJWA;
15. Because of the devolution of functions of the national government to the local
governments, the task of monitoring compliance by the latter falls on the DILG field
personnel. Thus, the DILG faces the problem of orienting, training, and reproducing
advocacy materials for these personnel and barangay officials. Furthermore, the DILG
admits that it does not have sufficient funds to validate reports/data submitted to it by
their field officers. They just rely on the data given to them. Thus, it is difficult for them
to evaluate and assess the impact of a program or project;
16. The DILG plans to continue monitoring the LGUs compliance with RA No. 9344 and
the LCPC. It will also validate the reports on the functionality of LCPC. It also plans to
document good/best practices of LCPCs. In line with the Magna Carta for Women, the
DILG intends to establish VAW Desks as mandated by law. It will also endeavor to
establish baseline data. It will also continue monitoring reports on VAWC cases;
17. The National Barangay Operations Office (NBOO), however, reports that while all
levels of the LGUs have LCPCs, not all are functional. Furthermore, not all members of
the lupon pambarangay are knowledgeable in recognizing and handling VAWC cases
and cases involving CICL;
18. The NBOO likewise admits that despite their issuance of manuals to guide the barangays
on how to draft child-friendly and gender-sensitive local legislation, they are hindered
by the lack of funds for the reproduction of these manuals. Moreover, the office admits
that they are still trying to determine the baseline data which the office can later on use
as standard for compliance;
D. EXISTING CAPACITIES: COMMISSION ON HUMAN RIGHTS324
19. Under the Constitution, the Commission on Human Rights (CHR) has the following
powers and functions, among others:
19.1.
Investigate, on its own or on complaint by private party, all forms of
human rights violations involving civil and political rights;
19.2.
Provide appropriate legal measures for the protection of human rights of
all human beings within the Philippines, and to provide for preventive measures
and legal aid services to the underprivileged whose human rights have been
violated or who need protection;
19.3.
Exercise visitorial powers over jails, persons, or detention facilities;
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19.4.
Recommend to Congress effective measures to promote human rights and
to provide for compensation to victims;
19.5.
Monitor the Philippine governments compliance with its treaty
obligations on human rights;
19.6.
Request assistance of any department, bureau, office, or agency in the
performance of its functions;
20. To achieve its mandate, the CHR has four programs:
20.1. Human rights protection program;
20.2.Human rights promotion program;
20.3.Human rights linkages development and strategic Planning; and
20.4. Special projects on human rights.
21. On human rights protection, the CHR renders investigation and forensic services; legal
services, which include legal aid and counseling, conciliation and mediation; human
rights assistance; and visitorial services. Its human rights promotion program includes
education and training; human rights information and public advocacy; human rights
research and development; compliance monitoring of international human rights
standards in governance; and web services.
22. For human rights linkages development and strategic planning, the CHR has promoted
rights based planning in:

22.1.governance;
22.2.human rights performance system in governance;
22.3.harnessing competence in government and non-state actors for good human rights
practices;
22.4.executive cooperation program; and
22.5.legislative and judicial cooperation program.
23. The special programs of the CHR includes:
23.1.rights-based approach application;
23.2.Barangay Human Rights Action Center;
23.3.Human Rights Teaching Exemplars;
23.4.Child Rights Center; and
23.5.Womens Rights Program Center; and
23.6.Asia-Pacific Institute of Human Rights.
24. To make it more accessible to the public, the CHR maintains a hotline which can be used by
the public to make known to the Commission their human rights complaints.327 It also
maintains a website where the public can send their feedback on the services rendered.
Noticeably, however, the CHR website is not updated;
25. Furthermore, with the implementation of the National Monitoring Mechanism (NMM) for
human rights, the CHR is expected to devote as much of its energies as it can allocate,
especially in the continuing challenge to overcome crimes of impunity, future ones; and more
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importantly, in finding resolution of all the past crimes of extralegal killings, enforced
disappearances, and torture incidents.
26. However, it must be noted that the Commissions power is merely investigative it has no
prosecutorial power.329 In addition, it may not issue writs of injunction or restraining orders
against supposed violators of human rights to compel them to cease and desist from continuing
the complained acts.38
E. EXISTING CAPACITIES: NATIONAL COMMISSION ON INDIGENOUS PEOPLES
27. The National Commission on Indigenous Peoples (NCIP) is the primary government agency
that formulates and implements policies, plans and programs for the recognition, promotion,
and protection of the rights and well-being of Indigenous Peoples (IPs), and the recognition
of their ancestral domains and their rights to those domains.
28. The mandate of the organization is to protect and promote the interest and well-being of the
Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) with due regard to their

beliefs, customs, traditions, and institutions;
29. The NCIP was created in 1997 under RA No. 8371. It was at first an attached agency of the
Department of Land Reform (renamed Department of Agrarian Reform); however, EO No.

726 (2008), placed the NCIP under the Department of Environment and Natural Resources.
30. The NCIP works to achieve technically sound and authentic titles, sustainable and culture
sensitive plans, responsive and culture-sensitive programs and projects, feasible and mission
driven regulations, and expeditious and fair legal services. Whenever possible, it promotes IP
consultative mechanisms and bodies at the provincial, regional, and national level.
31. The NCIP has three major programs:
31.1.Land Tenure Security, covering cultural mapping of all IP communities, survey and
delineation of ancestral domains, and issuance of CADT/CALT;

31.2.Establishing Model IP Communities through Development and Peace, which
includes the development of ancestral domains through the Ancestral Domain

Sustainable, Development Protection Plan (ADSDPP), and development of people
and communities, through delivery of basic services, especially livelihood support,
educational assistance, health care, shelter and quick response to address critical
situations; and the protection and enhancement of the cultural heritage of
Indigenous Peoples; and
31.3.Enforcement and Enhancement of the Human Rights of IPs, referring to
adjudication of conflicts through customary laws and tradition and NCIP

adjudicatory processes, procedures for the free and prior informed consent of IPs
where needed, and legal assistance.
38
Cario v. Commission on Human Rights, G.R. No. 96681, Dec. 2, 1992.

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32. For 2009, the NCIP sought to achieve social justice and human development towards poverty
alleviation. It aimed to empower ICCs/IPs by recognizing their rights and protecting and
promoting their welfare. The major output of the NCIP, pertinent to the Criminal Justice
System, involves the adjudication and rendering of legal services.
F. OBSERVATIONS AND RECOMMENDATIONS
33. Increasing awareness on VAWC and other human rights concerns is the primary program of
the community pillar to increase access to justice. The DILG-NBOO sets to conduct gender
and development seminars, workshops and conferences. This is in line with its plan to promote
gendersensitive legislation at the local level. It also plans to establish VAW desks in every
barangay pursuant to RA No. 9710. It further intends to closely monitor the functionality of
the Barangay VAW desks and compliance with the provisions of RA No. 9262.
34. The CHR likewise campaigns for the creation of Barangay Human Rights Action Centers
(BHRAC) in all barangays nationwide. To develop the sensitivities of the local government
officials, the NBOO has developed IEC materials such as handbooks and primers on national
laws on child protection, guidebooks on childfriendly legislation, and a compendium of good
practices on child-friendly local governance. The CHR, DILG and NCIP have also created
their respective websites.
35. While it does not have prosecutorial powers, the Legal and Investigation Office of the CHR
assists in the handling of human rights cases. The NCIP intends to increase free legal
counselling and assistance to the barangays and their constituents. It will also utilize the
council of elders to act as mediators to provide an alternative mode of dispute resolution;
36. The discussion above shows how the function of the community pillar cuts across all other
pillars of the CJS. The law enforcement pillar engages the help of the community to ensure
that crimes will be reported. For the initial stages of preliminary investigation, as well as
during the prosecution of the accused, the prosecution and the courts pillars need the
cooperation of witnesses from the community. The corrections pillar also needs their support
in their respective community based corrections programs. Taking into account the various
roles played by agencies within the community pillar, it is necessary that community
awareness is heightened.

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Section 10
SUMMARY OF KEY POINTERS IN
PHILIPPINE CRIMINAL JUSTICE
SYSTEM
A. CONCLUSION
1. As mentioned earlier, any capacity development approach should promote activities that
build on these strengths. The discussion in the previous sections showed the strengths of
the institutions comprising the pillars of the Philippine CJS. The discussion also identified
the challenges to full access to justice. Having identified the inherent strength and
weaknesses in the system, it is now up to the individual institutions to start developing their
capacities.
2. The common problem plaguing the pillars of the CJS is the lack of funding to pursue their
programs. However, this should not be used as an excuse not to deliver basic services.
Given the limited resources, the institutions must learn how to work with the resources
available to them. Significantly, the Social Contract of the current administration advocates
change from within. The government must realize, however, that a simple directive in a
document such as the Social Contract will not automatically translate into good
governance. Support is necessary to strengthen institutions and instrumentalities. One of
our goals is to provide an enabling environment where private sector investments may
flourish. However, to realize this, peace and security must be ensured. Notably, this may
only be achieved if the law enforcement pillar is strengthened.
3. For the prosecution pillar, the number of cases being handled by the lawyers affects their
performance. The more cases a lawyer handles, the less attention is given to individual
cases. This affects the prosecution of the cases itself and likewise affects the speedy
disposition of cases. It affects congestion of court dockets and of jails. A study conducted
on the DOJ states that [a]ccess to justice is undermined if evidence is not gathered or
properly preserved to support a case, if prosecution is delayed, and if legal assistance to
pauper litigants is not available or the quality of legal services is not satisfactory to support
the requirements of the concerned party.
4. Furthermore, success is also limited by lack of awareness by poor litigants of the services
available to them, distant geographical proximity, unavailability of public attorneys and
prosecutors, and inability of DOJ to defray the cost of these services considering severe
funding limitations.

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5. However, the problem is not simply solved by increasing the number of lawyers in the
NPS, PAO or OMB. Strict monitoring of the progress of cases must be implemented and
corresponding penalties must be imposed on erring lawyers. The Prosecution Pillar must,
however, be commended for initial efforts aimed at facilitating access to justice by the
poor.
6. At the heart of the Criminal Justice System is the courts pillar. Lack of facilities and
insufficient number of judges and resources have always been common complaints while
delays in the adjudication of cases are a regular malady of the pillar. To a point, the SC
recognizes that de-clogging court dockets is one of the most effective ways to address
access to justice. The SC should continue to spearhead innovative changes in the Rules and
employ means to fast-track case disposition. This means the courts should not only
strengthen further their disciplinary measures in case management but should also
recognize that there are other means to resolve cases. Accessibility of the courts should
also be continually improved. The EJOW is a prime example where the courts go to serve
the people instead of the people going to the courts. Decentralization may likewise be a
key to address issues that have commonly plagued the courts.
7. The corrections pillar is responsible for the reformation and rehabilitation of the offenders,
yet, it has been neglected over the years. The concerned institutions insist that the
government should invest in the modernization of the correctional system because if their
programs are not effective due to lack of governmental support, then recidivism will
possibly occur. Crime incidence becomes a cycle if the reformation and rehabilitation
programs are ineffective. Moreover, the institutions are concerned with the prevailing
negative perception towards their clients. Thus, there is a need to create awareness of the
rehabilitation and reformation programs being implemented by these agencies. This will
especially be beneficial in community-based corrections. Furthermore, jail decongestion
and visitation programs should be intensified. While the PAO, the paralegals of the BJMP,
and the EJOW have contributed to facilitate the early release of a number of inmates, the
decongestion rates of both the BUCOR and the BJMP still exceed 100 percent. The
alternative solution would be to construct additional jails and detention facilities.
8. The community pillar is involved in the activities of the other pillars of the CJS. It is
involved in policing activities, the prosecution of cases, and the reformation of offenders.
The community pillar has to make the public aware of existing laws that specially affect
them and remedies available to them at the barangay level. Public awareness will also lead
to reporting of crimes, facilitate their acting as witnesses during prosecution, and aid in the
rehabilitation of the offenders and their reintegration to the community.
9. In addition, since the community pillar is responsible for the implementation of activities
at the LGU level, there is a need to monitor compliance with the same. However, for the
DILG, baselines must first be established within which to determine compliance.

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B. RECOMMENDATIONS
10. As discussed earlier, accessibility has different dimensions: physical accessibility;
financial accessibility; sensitivity; access to informal systems; and the claimholders
awareness. To increase access to justice, therefore, it is necessary to improve and enhance
these dimensions. To do this, the following are recommended:
11. Law Enforcement Pillar

11.1. The PNPs Integrated Transformation Program must be continued. However, the
leaders should ensure that whatever changes will be implemented will reach the
grassroots level;
11.2. The law enforcement agencies, particularly the PNP, must coordinate with local
government units and set out a clear definition of its role in local law
enforcement;
11.3. Politics among the ranks must be minimized if not completely removed.
Independence of the police force, especially at the local level, must be maintained
and a clear system of accountability be set in place;
11.4. Improvement of information channels to change public perception about the
police should also be undertaken. If the community perceives the law enforcer as
an ally rather than a possible enemy or cohort of a criminal, there will be more
coordination and cooperation in the reporting and solving of crimes;
11.5. Integration of functions may be in order because of budget constraints. Although
rationalization has been implemented or is being implemented in these agencies, a
review of their functions is still necessary in order to conserve limited resources.
Specialization of the agencys functions instead of further broadening is also
recommended;
11.6. A creation of an integrated crime management information system to be shared by
the law enforcement agencies would also be necessary to further improve the
criminal justice system.
12. Prosecution Pillar

12.1. There is a need to strengthen the capability of the agencies by increasing the
number of personnel. This is difficult considering the budgetary constraints and
the current rationalization program of the government. However, the concerned
agencies have already put in place mechanisms to ease the caseloads of
prosecutors and PAO lawyers;
12.2. The cost of litigation at the prosecutor level should be further reduced;
12.3. The three agencies say that there is a need to raise the level of awareness with
respect to VAWC and HR issues. Thus, the agencies must coordinate with the
other agencies, particularly with the courts and community pillars, to update
themselves with human rights concerns;
12.4. The use of ADR mechanisms should likewise be promoted. This would not only
decrease the number of cases being filed at the prosecution level, but at the same
time ease the case load of PAO lawyers;
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12.5. Coordination of the prosecution pillar with private practitioners and other legal
aid organizations must be also strengthened. This would help lighten the load of
both prosecutors and PAO lawyers;
12.6. The current Jail Visitation, Decongestion, and Medical Program must be
continued;
12.7. A system for the monitoring and evaluation of the effectiveness of programs must
be adopted by the agencies;
12.8. The Witness Protection Program has to be further strengthened.
13. Courts Pillar

13.1. Changes in the procedures are still crucial. Review and improvement of the Rules
of Court are necessary to find ways on how to speed up the disposition of cases.
The Rules of Court has to be made more responsive to the current needs of the
times. Mobility and opening new modes of communication must be integrated
into the system.
13.2. The Court must push for full computerization. Although there are budget
constraints, computerization of courts is necessary in order to ensure an efficient
case management system. Pilot systems that have been successful should be
slowly implemented in all courts and media relations should be further developed
to improve awareness of the people;
13.3. Online payment of legal fees, e-documentation and e-filing must be pursued.
13.4. New modes of discovery must also be studied with possible integration into the
system;
13.5. Enforcement of mandatory timelines must be set more strictly. The courts need to
strengthen disciplinary measures to ensure speedier disposition;
13.6. Decentralization, especially in administrative matters, is also recommended in
order to address the immediate need of local courts. As long as a clear and strong
system of accountability is put in place, corruption concerns and lapses would be
prevented;
13.7. The court must also continue its initiatives to further broaden access to justice by
the poor and marginalized. Programs such as the EJOW should be continued and
expanded, which is actually being carried out by the SC.
14. Corrections Pillar

14.1. The initiatives undertaken by the institutions of the corrections pillar, such as the
Therapeutic Community Modality (BUCOR, PPA, BJMP), Volunteer Probation
Aide Program (PPA), and the Paralegal Program (BJMP) must gain support from
the government;
14.2. The BUCOR needs to be modernized to cope with the demands of the corrections
system;
14.3. An effective monitoring system must be put in place;
14.4. The corrections pillar must tap into the resources of the community to effectively
implement their programs;

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14.5. The institutions must also work closely with the courts especially with the EJOW
program;
14.6. Records management must also be improved. If records are in order, this would
make the processing faster and benefit those who are qualified with meritorious
cases;
14.7. Awareness of the restorative approach must also be brought to the level of the
community. This will address the problem of negative perception.

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Cagayan State University

NOTES & WORKBOOK IN

ARCHIMEDES CARAG ARTICULO

AB Philosophy, cum laude, University of the Philippines, Diliman

NOTES AND WORKBOOK IN PHILIPPINE CRIMINAL JUSTICE SYSTEM

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The goals of the criminal justice system are:

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B. THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

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Supreme Court (SC)

Bureau of Corrections (BUCOR)

Commission on Human Rights (CHR)

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SC and UNDP, 2006 Final Report, pp. 2-7

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Likewise, [i]t is x x x emphasized that the community as a subsystem of the whole

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inadequate facilities; slow disposition of cases; congestion of courts; overcrowding of jails;

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C. ACCESS TO JUSTICE AND POVERTY

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7. In Developing capacities, it is also suggested that any capacity development approach

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C. EXISTING CAPACITIES NATIONAL BUREAU OF INVESTIGATION

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E. EXISTING CAPACITIES NATIONAL POLICE COMMISSION

49. SUMMARY LIST OF DEVELOPMENTS STRENGTHENING THE LAW

PNP enhanced police visibility on the ground.

PATROL PLAN 2030

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6. Below shows the Criminal Prosecution case load of prosecutors:

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Resignation to engage in private law practice;

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B. EXISTING CAPACITIES SUPREME COURT