3 what the strengths are of cjs

8/22/2019 3 What the Strengths Are of Cjs

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WHAT THE STRENGTHS ARE

(1) NORMATIVE PROTECTION AND INSTITUTIONAL FRAMEWORKS FORCRIMINAL JUSTICE IN PLACE, INCLUDING MECHANISMS FOR CONTINUING REVIEW

AND REFORM

3.1.1 The legal and tradition based frameworks for criminality and justice remediesare in place as provided for in the Constitution and translated in our laws. Lawsformalizing the traditional laws particularly of Muslim Filipinos and indigenouspeoples are also in place. There is awareness and initiative among political leaders ofthe need to continuously review and update our criminal laws demonstrated amongothers by the passage of the anti-money laundering act, the passage of laws withinthe last 10 years protecting the rights of women and children, indigenous peoples,urban poor, persons with disabilities and other vulnerable sectors. The institutionalframework for the criminal justice system is also in place and ripened by long historyand continuously evolving and expanding (see section 2.4 InstitutionalFramework,Chapter 2).

3.1.2 Two key executive orders, EO 366 and EO 444, and the provision in the annualgeneral appropriations act of the authority to reorganize government agencies put inplace mechanisms for wider and more comprehensive approaches to reformingpublic sector institutions. EO 366 calls for the rationalization of the mandates,functions, structures, staffing and budgets of national government agencies. EO 366requires departments and agencies to anchor their rationalization program on a setproper roles and the corresponding shift in the focus of their mandates and

functions. EO 444 calls for the conduct of a strategic review by DILG of departments

and government owned and controlled corporations for purposes of identifyingfunctions, programs, projects and activities that are to be devolved to localgovernment units.

3.1.3 Our criminal justice system has legal mechanisms for the protection of women,youth, indigenous peoples, and other vulnerable groups. At least 15 laws have beenpassed during the last decade on the protection of their rights. PNP and NBI haveestablished mechanisms at the police station or point of access for dealing withwomen and youth. The PNP operates women and youth desks in police stationsmanned by accordingly trained policemen/policewomen. The DSWD and civil societyorganizations maintain several halfway houses and social service centers that

address the needs of women and youth in conflict with the law or victims of crimes.3.1.4 In actual practice however, much remains to be done to establish a culture ofhuman rights and gender as well as youth sensitivity both in the operationalprocesses and practices and organizational cultures of criminal justice institutions.

(3) RECOGNITION AND CORRESPONDING EFFORT TO IMPROVE THECOORDINATION OF ACTIVITIES ACROSS PILLARS PARTICULARLY IN THEMANAGEMENT OF CRIMINAL CASES

3.1.5 The creation of the inter-agency task force on pillars of justice is a concrete

mechanism that provides a venue to improve inter-pillar coordination both at policyand operational levels. There is also a need to formalize inter-pillar coordinationparticularly at the process level, meaning in the management of individual criminalcases. This emanates from a corresponding recognition of the impact of weakinterpillar coordination on the speed and quality of the prosecution and litigationprocess, on conviction and on the rendering by the court of the appropriateremedies.


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(4) STRONG AND VIGILANT COMMUNITIES AND CIVIL SOCIETY ORGANIZATIONSWITH INCREASING PARTICIPATION IN DISPUTE RESOLUTION, IN ANTI-CRIMEWATCH, ANTI-CORRUPTION, LEGAL DEFENSE, HUMAN RIGHTS ADVOCACY ANDRESTORATIVE JUSTICE, AND WITH IMPROVING CAPACITY TO DEMAND JUSTICE

REMEDIES

3.1.6 There are growing initiatives in civil society to organize the community into apowerful and constructive force, both in demanding appropriate justice remedies andin contributing to providing justice remedies.

3.1.7 The Commission on Human Rights leads the way to promote a rightsbasedsystem of criminal justice. These are undertaken through several interventions suchas jail visits and evaluation, independent fact-finding and investigation, human rightsadvocacy and promoting citizens human rights capacities by implementing humanrights teaching exemplars in coordination with DepEd.

3.1.8 The Office of the Ombudsman is also initiating its own teaching exemplars andcommunity awareness programs on corruption.

3.1.9 Community groups provide a variety of services including community basedlegal services (through the Barangay Justice System, FLAG or Free Legal AssistanceGroup, Catholic Lawyers Guild, and St. Tomas Moor and Associates, among others);and community policing (through the Federation of PNP-accredited NGOs or FANunder their community policing programs along specialized areas of interest such asdrugs, pornography, violence against women, etc). The role of an organized

community is primarily that of providing assistance to demand justice remedies,restorative justice, community information and education, and community disputeresolution.

(5) VIBRANT MEDIA CONTRIBUTING TO THE IMPROVEMENT OF THE CAPACITY OFCOMMUNITIES TO DEMAND JUSTICE REMEDIES, AND TO THE STRENGTHENING OFTHE PUBLIC ACCOUNTABILITY OF CRIMINAL JUSTICE INSTITUTIONS

3.1.10 The impact of the media in strengthening community capacities to demandjustice remedies are yet to be assessed. But media has played a strong role inpopularizing the criminal justice system to the masses through its various programs.

(6) EMERGING CULTURE OF REFORM, OPENNESS TO NEW FORMS OF DELIVERINGJUSTICE, AND ORGANIZED REFORM PLANS AND PMOS THAT WILL PAVE THE WAYFOR MORE MEANINGFUL REFORMS IN THE CRIMINAL JUSTICE SYSTEM

3.1.11 The sheer number of the diagnostic and reform program studies in the pillarsof justice and the growing interest and commitment of the leaders of the threebranches of the government indicate a bright future for the criminal justice system.Formally approved plans implemented by fully operational and emerging PMOs(Judiciary, PNP, OMB, CHR) with the corresponding staff competencies and strong,

vision driven leaderships will pave the way for a more sustainable and long-term aswell as integrated reforms in the criminal justice system.

(7) AWARENESS BY NATIONAL GOVERNMENT OF THE NEED FOR INFUSION OFMORE RESOURCES AND IMPROVEMENT IN INSTITUTIONAL RELATIONSHIPSTOWARDS STRENGTHENING INDEPENDENCE AND INTEGRITY


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3.1.12 The issue of severe resource constraints is common to the law enforcement,prosecution, public defender and judiciary pillars, which the Department of Budgetand Management has recognized to be a genuine concern. The national governmenthas made tremendous strides in providing resources to increase judicial salaries andpolice compensation, and to finance pilot implementation of certain judicial reform

projects. But much remains to be done to enable the pillars to operate withinminimum resource requirements.

3.1.13 There is also growing awareness of the need to provide mechanisms forstrengthening the independence of criminal justice institutions particularly in theprovision and management of budget, manpower, and physical resources.

3.1.14 The advocacy on these was started by the Judiciary with the proposedoperationalization of judicial autonomy. Conferences with leaders in Congress andExecutive Branches generated enunciated support, but much remains to be done toactualize autonomy mechanisms in operational policies and processes.

4 WHAT NEEDS TO BE IMPROVED UPON

(1) WEAK PUBLIC TRUST AND CONFIDENCE AMIDST PERCEPTION OF CORRUPT,POLITICIZED AND WEAK CRIMINAL JUSTICE SYSTEM INSTITUTIONS

4.1.1 Opinion surveys have indicated consistent perception of a worsening corruptionsituation in the public sector, particularly in law enforcement, prosecution and

judiciary pillars. While comprehensive reforms are being initiated in the PNP and theJudiciary, and more are being planned in the other pillars, they will face profound

challenges in engendering public support to the reform process at a time when publictrust and confidence in the system is at a low.

(2) LACK OF MEANINGFUL INDEPENDENCE OF CRIMINAL JUSTICE SYSTEMINSTITUTIONS, AS INDICATED IN THEIR INSTITUTIONAL FRAMEWORKS AND ASREFLECTED IN THE ADMINISTRATIVE AND FINANCIAL PROCESSES OFGOVERNMENT WHICH EFFECTIVELY INSTITUTIONALIZED VULNERABILITY TOPOLITICAL PRESSURE AND CORRUPTION

4.1.2 While the notion of independence has normally applied to the Judiciary, thereis also a need for independence in law enforcement, prosecution and correction

agencies, such that they will maintain their impartiality in police investigation andprosecution and will not be influenced or harassed particularly where a criminal caseinvolves a high-ranking politician, national government executive or influentialeconomic elite.

Independence issues in law enforcement and prosecution

4.1.3 Law enforcement agencies must have independence in order that they canobjectively investigate and apprehend offenders regardless of their socio-economic orpolitical status. Mechanisms within the PNP and NBI that will ensure the integrity of

physical or scientific examination of crime evidence should be put in place byestablishing a system whereby independent laboratories undertake the examinations,particularly in cases where a police officer is an accused party.Similarly, prosecutors must likewise be insulated from political pressure where thesuspect of the case involves someone politically powerful. The independence issue inlaw enforcement and prosecution is both institutional and individual. Where the PNPreleases findings of a scientific investigation, the integrity of such findings becomes


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an issue of institutional credibility. Where a police report is made, the integrity ofsuch report is an issue of individual credibility.

4.1.4 But the current institutional frameworks of the law enforcement andprosecution pillars render them extremely vulnerable to political pressure and

harassment. In particular these vulnerabilities are found in the following institutionalmechanisms:

a) Local government units are mandated by the local government code to providefunding support to the police and prosecutors in their respective jurisdictions. Inpractice many local governments adopt discretionary and highly negotiable processesfor the infusion of resources to the pillars. Most local governments provide monthlyallowances and travel allowances to policemen, prosecutors and their staff based onamounts determined at the discretion of the executive head. Supports for officefacilities, cars and equipments, and in some cases personnel, are also done on adiscretionary basis. This renders the individual policeman and prosecutor personallybeholden to the mayor on whom the decision to increase and release allowances andperks depend.

b) The National Prosecution Service (NPS) is an organic unit of the Department ofJustice and reports administratively to the Secretary of Justice. The lack ofinstitutional independence of the NPS renders it highly vulnerable to political pressurein cases where high-ranking government officials are the accused parties. Theinstitutional independence of the NPS is an essential part in ensuring an impartialpreliminary investigation and prosecution.

c) Similarly, the police are extremely vulnerable to politicization, which lies in theappointment, promotion and disciplinary systems of the police force. LGUs have ahand in deciding on police recruitment and promotion, along with the President whoalso exercises these powers, as well as with members of Congress, who sendrecommendations to the police regional directors or PNP Chief. Police discipline isalso exercised by LGUs, NAPOLCOM and the President. This system severelyundermines unity of command and authority of the PNP Chief and the integrity of thehuman resources management system erodes accountability.

d) Low remuneration furthermore renders policemen and prosecutors vulnerable tocorruption. According to PNP officials, about 80% of policemen in Metro Manila live in

poverty and in slum dwellings. On same vein, the salary of senior prosecutors islower than the entrance basic pay of a medium-sized law firm in Makati.

Judicial independence

4.1.5 The independence of the Judiciary is enshrined in the Constitution but itsoperationalization is undermined by mechanisms that render it vulnerable to unduepolitical influence. For example, the annual budget of the Judiciary is subject to detailscrutiny and determination by the other branches of government and its release isnegotiable due to the transactional approval release process. The Executive Branch

reviews and approves the creation or modification of the Judiciarys administrativestructure and staffing and the realignment of its budget. LGUs also provide fundingsupport to the courts on a highly discretionary basis. Some LGUs provide monthlyand travel allowances and equipment upon personal request of the judge andpersonal approval of the LGU head. Judicial appointments are vulnerable to unduepolitical influence if the procedures for such accommodate politicalrecommendations. Low judicial remuneration also renders judges and court


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personnel vulnerable to bribery, while centralized control of administrative andfinancial decision making, accompanied by highly discretionary management decisionmaking, threatens decisional independence from within the Judiciary itself.The Judiciary is initiating several reform measures to insulate the courts from unduepoliticization, but many of these reforms require corresponding reforms in the

operational policies, processes and practices in LGUs and in the Executive Branch. Aproposed legislation must be passed by Congress to effect and sustain judicialindependence.

(3) INEFFICIENCY OF THE JURISDICTIONAL STRUCTURE OF THE COURTS WHICHHAS EVOLVED OVER TIME AS TO ITS IMPACTS ON ACCESS TO JUSTICE

4.1.6 The jurisdictional structure of the courts is defined both in geographical andfunctional terms 12, and therefore the manner in which the jurisdictions of the courtsis structured will have profound implications on geographical access on one hand,and on case management efficiency as well as judge capacity on the other.

4.1.7 The jurisdictional structure of the courts has evolved over time as the courtsrespond to specific needs. Family courts, drug courts and heinous crimes courts wereestablished by designating or converting lower courts into such special purposecourts. Proposals to create small claim courts to facilitate processing of small claimscases, as well as the reassignment of small and less complex cases fromSandiganbayan to the RTCs or first level courts and the establishment of courtannexed mediation system should be considered within the broader and morecomprehensive review of the jurisdictional structure of the courts.

(4) COMPLEX RULES OF COURT AND LAWS THAT CONTRIBUTE TO CONGESTINGPOLICE AND PROSECUTORS LOGBOOKS AND COURTSDOCKETS

4.1.8 Feliciano and Muyot argue that the complexity of the court procedures furtherdelay litigation. According to these authors, there are aspects of procedures whichthe Supreme Court must address like the problem of language in court proceedings,including the need to seriously look into the translation of legal documents,prioritization of cases where communities are represented (e.g., prioritization ofcases in the Rules of Court in favor of the indigents), and removal of reinterpretationof court processes that effectively remove judicial redress to marginalized sectors orcommunities.

4.1.9 Their study pointed to the Constitutional requirement where a judge mustrepeat all the facts of a case in a decision as contributing to delay. According tothem, since judicial writing causes delay, distinction is needed between cases thatdeserve lengthy decisions and those that do not. If a judge is not required to repeatall the facts relevant to the decision, it will greatly shorten the time necessary to pendecisions. The same authors pointed to the need for strict compliance to pre-trialprocedures so that the parties may agree on certain things and not make it subjectto objections when trial has already commenced.

4.1.10 Feliciano and Muyot also see the need to adopt continuous trial instead of thepractice of piecemeal or segmented trials. Continuous trial is currently underutilizedor even flagrantly ignored by judges. The Continuous Trial System requires that thepresiding judge:(a) adheres faithfully to the session hours prescribed by law;(b) maintains full control of the proceedings; and


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(c) efficiently allocates and uses time and court resources to avoid delay. This is amode of judicial fact finding and adjudication with speed and dispatch so that trialsare held on the scheduled dates 12 Geographical jurisdiction defines the authority ofthe court over the case based on the location of the subject or issue in dispute.Functional jurisdiction defines the authority of the court to take cognizance of the

case based on such factors as disputing parties, subject of dispute, geographicallocations of the subject parties, and punishment or penalty involved without needlesspostponement. To address the issue, Feliciano and Muyot propose the adoption ofthe following:

a) Decriminalization and de-penalization of certain offenses where there is no specificparty involved. For example, the abolition of the crimes of prostitution, vagrancy,unjust vexation, premature marriages, failure to render assistance of or assumepublic office, simple disobedience to an agent or a person of authority, causingalarms and scandals, and traffic violations may be a subject of a possible legislativemeasure. A deeper study on the matter is thus called for to determine the viability ofthe proposal.

b) Amendment of the Bouncing Checks Law (BP Blg. 22). This must likewise bestudied so that: (a) the case can only brought to the regular courts if the dishonoredcheck is of specified amount or amount involved is huge, and (b) checks issued asguarantee for an obligation is excluded from its coverage.

c) Adjustments in the threshold amounts in crimes against property under theRevised Penal Code (such as theft and estafa) to make them more attuned to thetimes. These amounts, on which the corresponding penalty is based, were

determined some 70 years ago. If the Code is amended, many crimes againstproperty will be resolved at the level of the metropolitan and municipal courts,instead of the regional trial courts.

(5) DISJOINTED AND UNCOORDINATED CASE MANAGEMENT SYSTEM ACROSS THEPILLARS

4.1.11 Diagnostic studies cite poor coordination between the courts and court-relatedagencies, particularly those involved in law enforcement, as one of the primarycauses of judicial delay. Policemen, agents of the National Bureau of Investigation,and medico-legal officers fail to appear on the dates they were scheduled to take

thenwitness stand. This situation unduly burdens and compromises the case of theprosecution, who may end up failing to establish proof beyond reasonable doubt in agiven case. There are instances where warrants or subpoenas were not served bythe police or by process servers, and indispensable laboratory reports not submittedby government forensic chemists.

4.1.12 Officials of court-related agencies moreover engage themselves in turf-wars,grandstanding and jurisdiction disputes, adversely affecting the purpose ofinvestigation especially when agencies submit conflicting reports andrecommendations.

4.1.13 While there are efforts to coordinate case management across pillars, a formalmechanism must be put in place that will harmonize and synchronize skills, processesand rules with inter-pillar workflows, and improve inter-personal relationships amongpolicemen, prosecutors and public attorneys. Relatedly, there may be a need for alaw to be passed to better define and refine the duties and limitations of court-


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related agencies to avoid overlapping of functions and responsibilities, as well as toproperly enforce coordinative requirements among them.

(6) WEAKNESSES IN CRIME INVESTIGATION AND CASE MANAGEMENT CAPACITIESOF THE POLICE FORCE CONTRIBUTING TO THE LOW CONVICTION RATES AND THE

HIGH ARCHIVAL RATES IN THE LOWER COURTS

4.1.14 In September 2002, the PNP released its Handbook of OperationalProcedures, a manual of twenty six (26) operational procedures to guide every policeofficer in the performance of his or her functions. The Handbook is a review, updateand compilation of the PNP operational rules; it substitutes the June 1997 RevisedRules of Engagement and details the procedural guidelines to cover general andspecial operational procedures. The Handbook provides the Rules that every policeofficer must follow, and which each one must know by heart.13 But the handbook iswritten in highly formal and technical jargon and must be made more user-friendly

4.1.15 Rules 11 and 12 of the Handbook are mere repetitions often verbatimreproductions of Rules of Court provisions, specifically Rules 113 and 126 of the2000 Revised Rules of Criminal Procedure. Their translation into specific proceduralsteps on arrest, search and seizures is therefore lacking. Further, the manual doesnot provide for the giving of Miranda Warnings to persons arrested pursuant to a warrant of arrest. The law expressly provides for the giving of the Miranda warningsto persons arrested, without distinction as to whether the arrest was done incompliance with a warrant, or was a warrantless arrest. Thus the operational ruleson Miranda warnings must apply to both types of arrests.

4.1.16 While crime scene investigation is a regular and daily operation, it has beencategorized as a specialized police operation because it requires specialized skills andcapacities. The operations manual does not describe the detail and specificprocedural steps and rules in crime scene investigation. Rule 13 broadly describesthe documentation to be done mainly photographs and sketches it fails to detailhow documentation is actually done, i.e. types of sketches, range of photographs,and the like. Further, although it refers to the conduct of a crime scene search, itgives no hint whatsoever of what to look for, what may be important pieces ofevidence, and how to go about conducting a methodical search. Operations of theCrime Laboratory SOCO team, as described in the Crime Laboratory Manual, are farmore comprehensive and precise than Rule 13. While the SOCO manual elaborates

on the functions to be performed by the various technicians, and indeed providestechnical descriptions of the modes of documentation and search, Rule 13 isextremely limited and general, describing mainly the functions of the first responderand the team leader of the investigating team.

4.1.17 The manual on crime scene investigation should be scientific and technical,and leave less to the discretion of the individual technician. It should specify how heis to document the crime scene, and defines the steps by which the search is to beconducted.

4.1.18 Another critical factor is the quality of the crime laboratory of the PNP andNBI.While crime investigation technology has advanced far in the fields of scientificinvestigation, low budgets considerably hamper the acquisition of state-of-the-art 13

PNP Handbook of Operational Procedures, Foreword by then DIDM Police DirectorLucas Managuelod, pp. v-vi. crime laboratory technologies and training. Japan hasbeen providing equipment and training to PNP field offices on finger print analysis.But in many cases investigation


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technology are not available to the many police stations in the field. The governmentmust consider expanding alternative means of accessing modern crime investigationtechnologies through a combination of direct public investments, outsourcing andpartnerships.

(7) SEVERE RESOURCE DEFICIENCIES AGGRAVATED BY INEFFICIENCIES IN THEINTERNAL MANAGEMENT OF EXPENDITURES THAT CONTINUE TO SERIOUSLYUNDERMINE THE CAPACITIES OF THE LAW ENFORCEMENT, PROSECUTION, ANDSOCIAL DEFENSE AGENCIES AS WELL AS THE COURTS TO DELIVER THEIR COREFUNCTIONS

4.1.19 Severe resource deficiencies characterize justice sector agencies. In 2005 thenational government investment per capita to the criminal justice system was aboutPhP612.77 pesos. This pales considerably when compared to the AUS$1 million percapita that the Australian government spends on the police system alone.

4.1.20 This situation is particularly reinforced by larger amounts of MOOE budgetsallocated to central offices, but much smaller amounts are distributed to the widerregional and local units. In the Judiciary, more than 70% of MOOE is allocated to thecentral offices, while the remaining less than 30% are allocated to the more than2000 courts. In PNP, about 80% of the MOOE budget goes to central offices andunits, while the rest is distributed to the various regional and provincial offices andthe police stations in each city and municipality. Thus, police stations and courthouses as well as offices of prosecutors and public attorneys are severely illequipped. Many police stations do not have adequate transport equipment, firearmsand supplies and do not have budgets for gasoline. Lower court employees bring

their own supplies and equipment and spend on their own for minor office repairsand transport. The seriousness of these deficiencies cannot be overemphasized. Ifbasic resources are not provided, the pillars cannot be expected to perform functionsas they should.

(8) UNREALISTICALLY LOW AND UNCOMPETITIVE REMUNERATION THATRENDERS MISSION-CRITICAL POSITIONS IN THE CRIMINAL JUSTICE SYSTEMUNATTRACTIVE, THEREBY LIMITING THE ABILITY OF AGENCIES TO RECRUIT ANDRETAIN THE QUALIFIED AND COMPETENT AND RENDERING INCUMBENTS

VULNERABLE TO CORRUPTION

4.1.21 Studies conducted on the remuneration systems across pillars point to thedifficulty in attracting and maintaining quality manpower due to lack ofcompetitiveness of salaries and other compensation benefits. Despite legislatedincreases in the salaries of judges and policemen and upgrading of levels of legalpositions including prosecutors in the government, their salaries have remainedunattractive, uncompetitive and do not commensurate to the status that the positionholds. About 80% of the police force lives below the poverty threshold. The salariesof judges and prosecutors are less than half the basic salaries of lawyers of medium-sized law firms. Further, policemen do not have their own pension plan, and so theyare not provided with social benefits that GSIS members enjoy. Retirement benefits,

which are a part of the police regular budget approved annually, are even delayed byas much as more than one year. Families of policemen who die on duty receive onlyimmediate burial assistance but not sustained benefits. The personnel remunerationsystem in the criminal justice system must be reformed to maintain quality andprofessional workforce who are not vulnerable to corruption and who enjoy prestigein the community.


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(9) DEFICIENCIES IN RECRUITMENT PROCEDURES IN THE POLICE AND LOWERCOURTS DO NOT WEED AWAY THE CORRUPT AND OTHER MISFITS FROM JOININGTHE POLICE FORCE AND THE BENCH, RESPECTIVELY

4.1.22 The weaknesses in recruitment policies and procedures in the police can be

attributed both to internal and external factors. The interference of external agenciesand authorities over recruitment and appointment, promotion and deployment, andpolice discipline undermine unity of command and the authority of the Chief, PNP.There are also several internal weaknesses in the police human resourcesmanagement system such as the inability of the testing process to weed out themorally unfit from entering the police force, the lack of career developmentopportunities, and the absence of a coherent and integrated personnel developmentpolicy for the police force.

4.1.23 The recruitment procedures to fill vacancy in the lower courts must likewisebe studied to address weaknesses. Concrete parameters and basis for determiningthe fitness of applicants to the bench must be set.

(10) POOR QUALITY AND IRRELEVANCE OF EDUCATION AND TRAINING ACROSSTHE KEY PILLARS, PARTICULARLY IN THE POLICE, PROSECUTION AND LOWERCOURTS

4.1.24 Weak competency development systems undermine the capacities andperformance of the criminal justice system workforce. Law enforcers, investigatorsand prosecutors need to improve their individual capacities to prevent, control andsolve crimes. Policemen in particular need to improve skills in investigation, in proper

arrest and search procedures that are in accordance with law and human rights, ininvestigation and evidence gathering, in case preparation and writing, and inwitnessing in court. Prosecutors, public attorneys and judges need improved trainingin case management and in special crime areas such as money laundering and otherheinous crimes, as well as in their regular functions such as case preparation andprosecution in the case of prosecutors, and decision-writing and case managementwith regard to judges.

4.1.25 The establishment of a corps of professionals in investigation, control andsolution of global and complex crimes (corporate crimes, terrorism and transnationalcrimes) through recruitment and training, particularly in the NBI, is necessary to

enable our criminal justice system to cope with the increasing number of this type ofcrimes.

(11) LACK OF INTEGRATED PUBLIC AND ADMINISTRATIVE ACCOUNTABILITY FORPERFORMANCE OF PROVINCIAL, CITY AND MUNICIPAL JAILS, AND A NEED TOCONSIDER DEVOLUTION WITH STRONG OVERSIGHT STANDARDS, MONITORING,

AUDIT AND SANCTION FUNCTIONS AS A WAY TO ADDRESS DETERIORATING JAILCONDITIONS

4.1.26 The presence and uniform application of laws and similar treatment of

prisoners and detainees will ensure/address equality, equity, and non-discrimination.Highly decentralized operations on corrections and rehabilitation with direct deliveryof services lodged primarily with local government units will enable policies andprograms better reflect the interest of clients in the local areas and encourage widerparticipation in the development of programs and projects for effective delivery ofcorrection and rehabilitation services.


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4.1.27 An oversight mechanism to formulate national policies and standards oncorrection and rehabilitation and monitor implementation of programs andperformance of agencies involved in the pillar is necessary. The arrangement will alsorequire the identification of proper organizational placement and roles of agenciesand institutions concerned; definition of the interventions to be done at the oversight

level, and those at the operating or local level; delineation of functions based onappropriate horizontal and vertical compartmentalization criteria; and development ofclear and effective inter-agency coordinative mechanisms and operating processes.The oversight mechanism will have the capacity to formulate overall policyframework on correction and rehabilitation activities; strictly enforce national andinternational standards on prison and jail management and treatment of inmates;and ensure performance of state obligations, particularly on access to justice.

(12) INADEQUATE STRATEGIES FOR IMPROVING THE EFFICIENCY IN THE USE OFRESOURCES FOR SOCIAL DEFENSE TO REACH A GREATER PORTION OF THE POORIN NEED OF JUSTICE REMEDIES

4.1.28 The provision of legal assistance to pauper litigants is provided primarily bythe Public Attorneys Office (PAO) in the Department of Justice. There are severalother agencies providing legal assistance. This fragmentation and uncoordinatedprovision of legal assistance to the poor in the government indicates expenditureinefficiency due to duplication of vertical structures and overhead expenditures thatare needed to manage the service delivery.

4.1.29 Access to justice by the poor is hindered among others by lack of lawyers.The current social defense system of the government is weak, fragmented across

various departments and lacks resources. There is opportunity to integrate the socialdefense system and strengthen the Public Attorneys Office. Government needs tomobilize and synchronize public and private sector legal resources for the poor.

(13) DUPLICATION, PROLIFERATION AND FRAGMENTATION OF FUNCTIONSPARTICULARLY AMONG LAW ENFORCEMENT AND LEGAL ASSISTANCE AGENCIESTHAT WORSEN RESOURCE LIMITATION

4.1.30 The Constitution provides for one national police force. But in actuality, thereare 34 policing agencies including the PNP and NBI that perform overlappingfunctions and jurisdictions. The governments efforts to curb criminality resulted in

the creation of specialized crime agencies, but which still utilizes the PNPs policeforce in actual operation.

4.1.31 The Public Affairs Office of the DOJ is primarily mandated under the law toprovide legal assistance to pauper litigants. There are other government agenciesthat provide similar services, including the Bureau of Agrarian Legal Assistance in theDepartment of Agrarian Reform, Commission on Human Rights, and the PhilippineOverseas Employment Administration, to name a few.

4.1.32 The integration of legal assistance units of government agencies into one

organization, or the privatization of such services may be looked into to optimizeresources and/or channel such resources to much needed concerns.

(14) LIMITED GEOGRAPHICAL ACCESS TO CRIMINAL JUSTICE SYSTEM AGENCIES

4.1.33 In the area of public sector corruption, access to OMB services is limited bylack of technology, insufficient number of prosecutors and investigators, poor


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investigation facilities, and limitation in the geographical presence of OMB offices atthe regional level. Regional access is said to limit access by complainants and whistleblowers where LGU corruption is concerned. Meanwhile limited investigation andprosecution manpower and technologies hamper evidence gathering and casepreparation and therefore contribute to delay and high dismissal rates in corruption

cases.

4.1.34 Geographical access is likewise an issue with regard to the Sharia JusticeSystem. Lack or limited geographical accessibility is evident in areas outside of theMindanao regions where there are Muslim communities but no Sharia courts. Thereis a need for clear directions where to file cases in such areas, especially where theJudiciary cannot immediately provide direct judicial services to them.

(15) ABSENCE OF INTEGRATED CRIMINAL JUSTICE INDICATORS ANDINFORMATION MANAGEMENT SYSTEMS AND TECHNOLOGY THAT HAMPERS BOTHCOORDINATION ACROSS PILLARS AND EFFICIENT OPERATIONS MANAGEMENTWITHIN EACH PILLAR

4.1.35 Lack of information technology particularly in managing caseload is deficientin all justice sector agencies. Courts do not have an integrated case managementinformation system and this hinders the capacity of judges to efficiently managecaseload and prevent delay. This likewise affects the supervision by the SupremeCourt over the lower courts and in its monitoring of judges performance. Police stations do not similarly have automated case management information systems andthis hinders crime mapping, crime monitoring and crime management both at policestation and national levels. In the case of NPS and PAO, computer-aided case

management systems will be needed to facilitate the tracking and prioritization ofcases as well as support sound time management of prosecutors and publicattorneys, while allowing enterprise-wide performance monitoring and evaluationthat inputs to strategic planning and institutional development.

(16) PERCEPTION OF LACK OF PUBLIC ACCOUNTABILITY AND CAPACITY TODEMAND APPROPRIATE JUSTICE REMEDIES AS REFLECTED IN PERSISTENTCORRUPTION AND POLITICIZATION OF THE CRIMINAL JUSTICE SYSTEM

4.1.36 The perception of corruption in the criminal justice system persists.Vulnerabilities to corruption are deeply embedded in dysfunctions in structures and

functions, in law and policy-making processes, public service delivery and regulatorysystems, and procurement and financial management systems, among others. Theyare found in unclear rules of the game; in the convoluted procedures that migratethrough layers of unnecessary and overlapping authority structures that underminetransparency and accountability; and in the lack if not absence of accessible andquick reaction grievance, complaint and sanction mechanisms that will ensure therectification of wrongdoings and punishment of participants to the corrupt act.

4.1.37 Mechanisms for community empowerment is still weak as evidenced byinadequate public knowledge and understanding of the rules and the processes by

which the law is enforced or the service is provided. It is likewise evidenced by thehigh tolerance for corruption both by the general public as a whole and the victims inparticular.


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PROPOSED ROADMAP FOR CRIMINAL JUSTICE SYSTEM REFORMS

1 OBJECTIVES

1.1.1 This roadmap identifies the set of seamlessly integrated strategic reformrecommendations identified in previous studies that will hopefully achieve a well

functioning integrated criminal justice system capable of achieving its overall goalsand the individual objectives of each pillar.

2 COMPOSITION OF REFORMS

2.1.1 Reforms in previous studies were identified in accordance with theircontribution tothe following stated goals:

access to justice and respect for human rights case decongestion and delay reduction provision of appropriate justice remedies improvement of capacity to provide justice remedies improvement of capacity to demand justice remedies

2.1.2 Accordingly reforms were identified in the following areas:

a) NORMATIVE PROTECTION, which includes reforms in the legal framework and therules and procedures in criminal justice

b) OPERATING PROCESSES AND TECHNOLOGIES, which include reforms in theprocesses and work technologies supporting mission-critical functions of the pillars

c) INSTITUTIONS DEVELOPMENT AND GOVERNANCE, which include reforms in theassignment of governmental functions across levels of governance and in thestructure and functions and internal administrative management of the pillars

d) HUMAN RESOURCES DEVELOPMENT, which includes reforms in the planning andmanagement of human resources across the pillars

e) FINANCIAL RESOURCE MANAGEMENT, which includes reforms towards improvingthe expenditures and the efficiency of their management by the government and thepillars

3 RECOMMENDATIONS

Recommendation No. 1

DECRIMINALIZE CERTAIN OFFENSES UNDER THE REVISED PENAL

CODE AND SPECIAL LAWS AND CODIFICATION OF CRIMINAL LAW

A deeper study to decriminalize and de-penalize certain offenses where there is nospecific offended party is necessary to improve the adjudication process. Legislationis also needed, for instance, to abolish the crimes of prostitution, vagrancy, unjust

vexation, premature marriages, failure to render assistance of or assume publicoffice, simple disobedience to an agent or a person of authority, causing alarms andscandals, and traffic violations.

The amendment of Batas Pambansa Blg. 22 (Bouncing Checks Law) must likewise bestudied, and so is the adjustment in the threshold amounts with regard to crimesagainst


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property under the Revised Penal Code. If the Code is amended, many crimesagainst property would no longer be brought before the regional trial courts as theywould already be resolved at the level of metropolitan and municipal trial courts.The codification of criminal law is also proposed.

Recommendation No. 2ADOPT MECHANISMS FOR ENFORCING STRICT COMPLIANCE TO

MANDATORY CONTINUOUS TRIAL AND PRE-TRIAL

This will require that a case management support tool be provided to judges in lowercourts in order to manage their caseloads and the programming of trial hearings onthe basis of continuous trials. A pre-trial conference which is efficiently andeffectively administered by the judge should yield to a shorter trial period, if notaltogether avert the need for trial through alternative modes of settlement that maybe reached by the parties during the pre-trial period.The pre-trial conference provides for extensive use of discovery modes, which willeventually be helpful in the trial stage. In criminal cases, the pre-trial conference isused to consider plea bargaining, stipulation of facts, marking for identification ofevidence of the parties, waiver of objections to admissibility of evidence, and suchmatters that will promote fair and expeditious trial of the criminal and civil aspects ofthe case. It is recommended that the Supreme Court adopt mechanisms for themonitoring of the implementation of pre-trial and the imposition of sanctions for non-compliance. It is also recommended that extensive practical training on proceduresand case management tools within the context of continuous trials and the use ofpre-trial be conducted by the Philippine Judicial Academy (PHILJA) together with anaccompanying video presentation that should be produced as a teaching tool.


REVIEW AND IMPROVE THE RULES OF COURT

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 shouldconsider the following improvements:

a) Limiting the period within which Judges of Municipal Trial Courts have toterminate the preliminary investigation of criminal cases;

b) Returning to decisions by the Supreme Court en bancin order to avoid conflictingdecisions on same issue;

c) Setting of fixed amounts of time for the presentation of evidence and crossexaminations; using of affidavits in lieu of direct testimony of witnesses; prohibitingpostponements; and submitting draft orders and resolutions;

d) Deputizing barangay officials to act as process servers because the cause of delayin preliminary investigation is the lack of adequate process servers;

e) Implementing electronic payment of legal fees, electronic case filing, andelectronic delivery of summons, orders and notices;

f) Adopting teleconferencing as substitute to personal appearances of accused andwitnesses;


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g) Authorizing law enforcement agents to file cases directly with the MetropolitanTrial Courts and/or Municipal Trial Courts in chartered cities, so that warrant of arrestmay be issued immediately for the detention of prime suspects of heinous crimes;

h) Reducing the grounds for motion to quash (presently, there are eight grounds for

motion to quash Section 3, Rule 117, Rules of Criminal Procedure);

i)Amending Section 5(b), Rule 113, on warrantless arrest, which requires personalknowledge of facts on the part of the peace officers or private persons that theperson to be arrested has committed the offense, inasmuch as it is very seldom thatthe peace officer is present during the commission of the crime which is the onlyinstance when he could be considered to have personal knowledge thereof;

j) Finding probable cause by the prosecutors to be binding on the courts forpurposes of proceeding with trial;

k)Carving out more exemptions from the filing of bonds;

l)Relaxing the Constitutional requirements for a judge to repeat all facts of a case ina decision, to shorten the time necessary to pen decisions;

m) Shortening the filing period for several pleadings and abbreviating courtprocesses by reducing direct testimonies;

n)Looking into the problems of language in court proceedings by studying the use oflocal dialects instead of English;

o) 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 forspecific types of cases, and establishing time standards for case types; and

p) Reviewing procedures for the litigation process for specific types of cases.


REVIEW THE JURISDICTIONAL STRUCTURE OF THE COURTS

Prior studies provide recommendations on improving court jurisdictional structures in

specific areas based on assessments of specific issues in these areas. An assessmentof the effects of the current court jurisdictional structure on geographical access,case congestion and delay, judge capacity, and overall coherence of the court systemhas moreover been recommended. These recommendations also include:

(1) Establishing small claims courts;(2) Reassigning jurisdiction on less complex corruption cases from Sandiganbayan tothe lower courts;(3) Reorganizing the distribution of case assignments in the Sandiganbayan byallowing individual justices to handle specific cases and selectively assigning cases to

divisions and to the En Banc; and(4) Focusing the TC Heinous Crime Courts on heinous crime cases; removing fromtheir jurisdictional coverage civil cases.


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REMOVE DUPLICATION AND OVERLAP AND CLEARLY DEFINE THE

OPERATIONAL DELINEATION AMONG PRE-TRIAL SYSTEM, BARANGAY

JUSTICE SYSTEM AND THE COURT-ANNEXED MEDIATION SYSTEM

Judges argue that cases that have passed through the Barangay Justice System donot require pre-trial. Relatedly, a mandatory court-annexed mediation is beingimplemented in the lower courts and in the Court of Appeals, although theexperience of the pilot court annexed mediation units indicated that while casesettlement rates are high, referral rates of cases by judges are very low. Similarly,during pre-trial, an attempt to arrive at an amicable settlement could be made. Inview of this similarity of purpose and objective, there is a need to study thesediscrete systems and clearly define their jurisdictions and operational delineation sothat they can meaningfully contribute to case decongestion and delay reduction.Within the context of established jurisdictional delineations and operationalprocesses, the strengthening of the Barangay Justice System and full implementationof the court-annexed mediation system must be undertaken as necessary measuresfor case decongestion and early dispute resolution. Mechanisms at the barangay levelmust be installed in order to protect poor and vulnerable parties from the abuse ofmore politically and economically powerful opponents to the case.


MODERNIZE CASE MANAGEMENT TECHNOLOGY AND INFORMATION

SYSTEM IN THE LOWER COURTS

Systems functional specifications and user requirements definition have been

developed under a project on an enterprise-wide case management informationsystem in the lower courts which was funded by the World Bank PHRD Grant. Thesystem will provide a unique case identification mechanism; allow tracking of caselocation and status; and provide mechanism for detecting forum shopping, delay andviolation of statutory time limits, and detained parties whose stay in jail haveexceeded the maximum penalty prescribed by law for their offenses. The system willlikewise provide tools for judges to manage case prioritization and scheduling, aswell as manage courtrooms utilization. It will provide functions for e-payment and e-issuance of court orders and notices. At the analytic level it will allow courtadministrators and justices to track the performance of judges, locate specific casesof interest, and provide information which is useful in monitoring and evaluating

institutional performance.The adoption of transcription technology, teleconferencing, and electronic case-filing,electronic issuance of summons, orders and notices has been planned. Theseapplication systems will require substantial one-time public investments in installingthe necessary infrastructure, in designing the systems, and in implementing them.Funding for these is available under a Judicial Reform Support Program Loan fromthe World Bank. The implementation of the case management information systemmust however be undertaken within the context of an integrated criminal justiceinformation system.

A change management program is essential particularly since these will

revolutionalize court processes and the way the courts communicate and relate tocourt users. User training, technology competency training, thematic training inspecific work areas, and public information and advocacy would be essentialcomponents of the change management strategy.


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DESIGN AND ADOPT AN INTEGRATED CRIMINAL JUSTICE INFORMATION

SYSTEM

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 agencieswhich will store data on crime offenders, crimes, and other crime indicators. Thesystem will also support police operations by allowing information sharing to facilitatetracking of suspects and cases, crime mapping, and crime analysis.

b) Prosecution system which will contain a case management information systemthat will support the management of specific cases and overall caseload.

c) Court case management system which will provide information and managementsupport required in the management of caseload and case management by judgesand clerks of courts.

d) Jail management information system which will provide information andmanagement tools in tracking prisoners, their conditions, status and activities andother relevant information.

e) Criminal justice information sharing system which will allow exchange ofinformation across the pillars within the bounds of disclosure policies. The

development of crime classification and crime indicators will be necessary inestablishing the criminal justice information system.

Recommendation 8

ADOPT A HOLISTIC APPROACH TO THE IMPROVEMENT OF THE CRIME

INVESTIGATION SYSTEM OF THE POLICE

Improving the overall capacities of the police for crime investigation willrequire a holisticapproach 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,eyewitnessidentification procedures, interrogation procedures, arrest, and rules on evidence.b) Modernizing the crime laboratory, improving its capacity for scientific analysis ofcrimecase evidence.c) Strengthening the independence of crime investigations and the analysis ofevidenceand providing institutional mechanisms for insulating these. The outsourcing ofscientific 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 sceneinvestigation, interrogation and field investigation, case documentation andreporting,and witnessing in courts. Mastery of the police manual should be a pre-condition for


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completion of the training and education program.g) Improving the remuneration of the police force as a way of strengthening theirinsulation from undue politicization and corruption.h) Improving the resources and facilities of court stations and their services tovulnerable

groups.i) Developing peer to peer and office dialogue mechanisms for regular and collectiveanalyses of crime cases and for information and experience sharing

j) Focusing policemen on just doing police work and not deploying them as bodyguardsof important peoplek) Piloting these and other institutional reforms at the police station level andcreating pilotmodel police stationsUnited Nations Development Programme Supreme Court of the PhilippinesCONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARSOF JUSTICECPRM CONSULTANTS, INC. 4-7Recommendation No. 9

ESTABLISH THE INDEPENDENCE OF CRIME INVESTIGATION

AND PROSECUTION AGENCIES TOGETHER WITH A MEANINGFUL

OPERATIONALIZATION OF JUDICIAL AUTONOMY

Consider establishing an independent National Prosecution Service, and PNP/NBI,togetherwith the operationalization of reforms in judicial independence. The parameters forthe

independence of the prosecution and police must be defined while operating withinthereasonable bounds of existing administrative and financial management laws, rulesandregulations of the government. This will include addressing the following issues:removingnegotiable and highly discretionary support from LGUs; reintegrating authority to thePNPChief to recruit, appoint and promote and discipline the police force without prejudiceto anappropriate civilian review system; removing LGU authority over the internal

administration ofthe police force; and removing NPS as an organic structure of the DOJ andestablishing it asan independent agency.The implementation of judicial independence reforms include the adoption of a one-line itembudget which should be automatically and fully released by removing transactionalrequirements; putting in place mechanisms for the objective determination andautomaticremittance of LGU support to the courts; and assumption by the Judiciary of the

authority todetermine the details of its budget, organization and staffing.These will require legislation and long-term development of institutional capacities aswell asconsiderable political will. These will be one of the most difficult reforms to put inplace.Recommendation No. 10


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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

Within severely limited budgetary resources, the government must improve theefficiency ofexpenditures for public defense by adopting among others good governanceframework andpractices. A detailed review and reengineering of the social defense system is neededconsidering the following:a) Integrating all legal services of the national government into the Public AttorneysOffice (PAO);b) Refocusing the role of PAO from directly providing legal services to mobilizing andmanaging the countrys resources for public defense;c) Establishing PAO as an independent agency with some corporate powers, allowingitto mobilize private sector resources;d) Assigning public defense functions to LGUs (starting with high income LGUs) withPAO performing oversight roles and functions (e.g., providing and enforcing servicestandards and providing technical assistance);e) Enacting a law, requiring all law firms, law students and law practitioners torenderfree legal assistance to the poor and remote barangays; andf) Strengthening partnership mechanisms among the PAO, the courts, IBP andalternative law groups to improve geographical access of public defense services

particularly in remote areas.United Nations Development Programme Supreme Court of the PhilippinesCONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARSOF JUSTICECPRM CONSULTANTS, INC. 4-8Recommendation 11

ASSESS POSSIBILITIES FOR MAINSTREAMING CUSTOMARY MODES

OF ADJUDICATION IN THE CRIMINAL JUSTICE SYSTEM

The Indigenous Peoples Rights Act (RA 8371) gives due recognition to theindigenouspeoples justice system and the use of their own traditional methodologies and

practices forconflict resolution. While the justice system among the indigenous peoples varies inapproaches and methodologies, common to these traditional practices is theparticipation ofthe community members in settling disputes. These traditional forms of justiceshould bereconciled with the national legal systems and internationally recognized humanrightsprocesses and with the penal code. There is therefore a need to provide clearparameters

on how these may be integrated and made compatible with the current legal systemofgovernment.

A study on the potential expansion of the jurisdiction of the Sharia courts and theremoval ofthe overlapping of its functions with the regular lower courts should be alsoundertaken.


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Recommendation 12

REMOVE DUPLICATION, OVERLAPPING, PROLIFERATION AND

FRAGMENTATION

OF LAW ENFORCEMENT FUNCTIONS, REINTEGRATE POLICE FUNCTIONS,

AND REMOVE INSTITUTIONALIZED POLITICIZATION OF THE POLICE

In order to conserve severely limited budget resources, improve overall coherenceandefficiency, and clarify accountability, a system-wide rationalization of policeinstitutionsshould be undertaken through the following measures:a) Removing duplication of functions and jurisdictions between the National BureauofInvestigation (NBI) and the Philippine National Police (PNP);b) Reintegrating specialized crime agencies into the regular police force, thusremovingduplicative overhead expenditures and conflicting jurisdictions;c) Reintegrating police powers and functions now assigned to more than 30 nationalgovernment agencies to a reorganized PNP/NBI; andd) Defining the role of local governments in policing.United Nations Development Programme Supreme Court of the PhilippinesCONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARSOF JUSTICECPRM CONSULTANTS, INC. 4-9Recommendation No. 13

STRENGTHEN THE CAPACITIES OF PROSECUTION AGENCIES

NPS AND OMB

The government must strengthen the core capacities of prosecution agencies simplybyproviding more prosecutors to the National Prosecution Service (NPS) and the Officeof theOmbudsman (OMB).The criteria for the determination of the appropriate number of prosecutors shouldbeestablished based on caseload. Caseload fluctuations can be addressed by adoptingsomeflexible prosecutor deployment and tenure mechanisms which may includeoutsourcing

prosecutors and providing legal research staff to prosecutors, for example, throughdeployment of law students as practicumRecommendation No. 14

REENGINEER THE INSTITUTIONAL FRAMEWORK OF THE CORRECTIONS

PILLAR,

DEVOLVE DELIVERY WHILE MAINTAINING STRONG OVERSIGHT

The preparation of a devolution plan for the correction system and the rationalizationof itsinstitutional framework within a devolution context are recommended. Suchdevolution

program will involve:a) Transferring to provinces, cities and municipalities the responsibility for theprovisionand maintenance of local jails.b) Streamlining the oversight agencies of national government by removing theirdeliveryfunctions and strengthening their role in providing and enforcing standards.


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c) Providing mechanisms for private sector participation in restorative justice andproviding half way houses particularly for women and youth offenders.Recommendation No. 15

AMEND THE PROBATION LAW TO EXPAND ITS COVERAGE

The coverage of the Probation Law could be expanded to include sentences of

prision mayormedium, except in drug cases. This will ease the severely congested penal facilitiesin thecountry and thereby contribute to the efficiency of the Bureau of Corrections inprocessingpapers of inmates and its effectiveness in providing restorative justice programs. Thiswillalso lessen the caseload of the Bureau of Jail and Management and Penology, as wellasthe provincial and sub-provincial jails which manage their respective jail facilities.Withdecongested local jails, limited resources can be used to improve prison conditionsand putin place mechanisms for restorative justice in local jails in partnership with LGUs,nationalgovernment agencies, civil society organizations and the communities.Moreover, if more offenders could benefit from probation, they could be persuadedto enter aguilty plea with the prospect of being put under probation instead of beingimprisoned,resulting in more criminal cases speedily disposed by the courts. This would also not

onlyprevent but minimize appeals.United Nations Development Programme Supreme Court of the PhilippinesCONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARSOF JUSTICECPRM CONSULTANTS, INC. 4-10Recommendation No. 16

POPULARIZE THE LAW TOWARDS BETTER COMMUNITY CAPACITY

TO DEMAND JUSTICE REMEDIES AND IMPROVE COMMUNITY

CONTRIBUTION

IN PROVIDING JUSTICE REMEDIES

The general public who are familiar with the law may be better able to support andbe morecooperative with the police in solving crimes. They will have stronger capacities todemandthe provision of justice remedies thus strengthening the accountability of criminal

justiceinstitutions. Aside from the strategy of tapping the media to popularize the law, otherrelatedmeasures include:a) Integrating criminal justice teaching exemplars or subjects into the formal

educationsystem, building on the gains of the CHRs teaching exemplars on human rights. b) Integrating law popularization procedures in the legal assistance services of thegovernment and private sector and in the Barangay Justice System.Recommendation No. 17

MAINSTREAMING RBA IN CRIMINAL JUSTICE

This involves the design and implementation of rights-based approaches (RBA) by


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mainstreaming them into the operational procedures and practices and in trainingprogramsof policemen, prosecutors, lawyers and judges. RBA is now being formulated andimplemented by the CHR. What needs done is to formulate specific approaches andtools

and provide assistance to the pillars in conducting assessments of their policies,proceduresand practices. There is also a need to design appropriate RBAs and mainstream themintothese policies and procedures.Recommendation No. 18

STRENGTHEN THE HUMAN RESOURCE MANAGEMENT SYSTEMS

ACROSS THE PILLARS

The studies pointed to serious issues in human resources management thatundermine theefficiency, effectiveness and integrity of the criminal justice system. Reforms toaddressthese 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 competentpolicemenwho upon completion of training have acquired core competencies in all relevantaspects of police operations and procedures, the law, and the police tools.b) Integrating prosecutors training to the Philippine Judicial Academy and expanding

thetraining 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 judicialcomportment by judges, case preparation by prosecutors, trial skills of prosecutorsandother specialized competency areas. PhilJAs reach and delivery system must beconsiderably improved.c) Improving qualification standards for new recruits (police, investigators and agentsandprosecutors) accompanied by attractive compensation and benefit package, andUnited Nations Development Programme Supreme Court of the Philippines

CONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARSOF JUSTICECPRM CONSULTANTS, INC. 4-11career development opportunities; and expanding the skills mix for investigators andother personnel involved in highly specialized crime intelligence and investigation.d) Improving the policies and procedures for police performance evaluation andpromotion.e) Designing and adopting new psychometric tools for policemen and judges to weedoutthose whose character profile does not fit the integrity requirements and other

personality traits required for the job.Recommendation No. 19

STRENGTHEN DISCIPLINARY MEASURES PARTICULARLY ON MATTERS

CONNECTED WITH CRIMINAL CASE MANAGEMENT

A review of disciplinary procedures and manuals on discipline in the pillars isrecommended.


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Disciplinary measures relating to compliance with specific rules on handling ofcriminal casesshould be put in place, synchronized with the improvement of operating rules andprocedures in the pillars, such as the rules of court. Specific measures can already beadopted 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 absentduringcourt hearings. The courts must establish a tracking system on lawyers in litigationcases.c) Developing standards for police case investigation and arrest procedures anddefiningcompliance parameters together with sanctions for breaches in procedures.d) Integrating in the performance standards and evaluation system criteria onmanagingcases, reporting skills and performance, investigation performance, and imposition ofstronger disciplinary actions for habitual tardiness and absenteeism.Recommendation No. 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

This initiative will require planned action and resource mobilization which includeamongothers 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 anddetermination of interim time standards.d) Developing interim time standards and procedures for the processing of casebacklogs.e) Developing and implementing training programs for appointed judges who willparticipate in the project.United Nations Development Programme Supreme Court of the PhilippinesCONDUCT OF FURTHER STUDY ON OPERATIONS AND LINKAGES OF THE 5 PILLARSOF JUSTICECPRM CONSULTANTS, INC. 4-12f) Designing an organizational mechanism for providing judges to process case

backlogs.g) Installing a project management mechanism to monitor the project, identify andprovide administrative and technical support systems and do trouble shooting ifnecessary.h) Developing mechanisms for cooperative arrangements with the other pillars of

justice(PNP,NBI, NPS, OMB and social defense agencies and private organizations) in orderto facilitate the gathering or provision of evidence, production of witnesses, provisionoflegal assistance to pauper litigants, arrest of suspects, provision prosecutors, etc.

Recommendation No. 21PASS LEGISLATION TO RATIFY INTERNATIONAL TREATIES AND

CONVENTIONS

International treaties and conventions are best exemplified by those pertaining to thepromotion and protection of human rights. At the core of the international humanrights


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system is the United Nations and its charter which was signed on 26 June 1945. Thecharterprovides provisions that set the foundation for the international human rightssystem. Inparticular, under Article 55 of the charter, member-nations commit to promote

universalrespect for and observance of, human rights and fundamental freedoms for allwithoutdistinction as to race, sex, language or religion. Article 56 of the charter providesthat allmembers commit to take joint and separate actions in cooperation with the UN toensure theachievement of the provisions of Article 55. The Philippines is signatory to 23 humanrightstreaties and protocols. Thus, the government is bound to comply with and ensure theimplementation or observance of the provisions of these treaties and protocols.International legal framework like that on the above on human rights providesnormativeprotection for access to justice by providing (a) international obligations for states;(b) otherstandards that are not binding to the states as such but give normative guidance onspecificissues (e.g., resolutions, declarations, guiding principles, etc.) and may be indicativeof agrowing internal consensus to further develop the international legal framework; (c)an

additional forum for access to justice (e.g. communications and inquiry proceduresinitiatedthrough treaty bodies and regional courts and commissions, in cases where nationalmechanisms are ineffective); (d) mechanisms to monitor states compliance withtreatyobligations; and (e) an additional forum to create or influence national norm making.The legal gaps in the protection of human rights include the non-inclusion ofinternational lawin the national law of the country. This is specifically true in the case of torture andothercruel, inhuman or degrading treatment or punishments. The Philippines is a signatory

of theUN convention on the matter and on the international humanitarian law, but there isnonational law yet to implement the conditions and requirements of thesecommitments.There is need therefore to study the legal barriers to international legal protection,especiallythe non-incorporation in the national law of ratified treaties in which the country is a signatory

3 what the strengths are of cjs

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