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).
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:
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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 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.
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.
The codification of criminal law is also proposed.
Recommendation No. 2
ADOPT 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 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 altogether avert the need for trial through alternative modes of settlement that may be reached by the parties during the pre-trial period.
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.
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.
Recommendation No. 3
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 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) 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;
d) Deputizing barangay officials to act as process servers because the cause of delay in preliminary investigation is the lack of adequate process servers;
e) Implementing electronic payment of legal fees, electronic case filing, and electronic delivery of summons, orders and notices;
f) Adopting teleconferencing as substitute to personal appearances of accused and witnesses;
g) 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;
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 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;
j) Finding probable cause by the prosecutors to be binding on the courts for purposes 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 in a decision, to shorten the time necessary to pen decisions;
m) Shortening the filing period for several pleadings and abbreviating court processes by reducing direct testimonies;
n) Looking into the problems of language in court proceedings by studying the use of local 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 for specific types of cases, and establishing time standards for case types; and
p) Reviewing procedures for the litigation process for specific types of cases.
Recommendation No. 4
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 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:
(1) Establishing small claims courts;
(2) Reassigning jurisdiction on less complex corruption cases from Sandiganbayan to the lower courts;
(3) 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
(4) Focusing the TC Heinous Crime Courts on heinous crime cases; removing from their jurisdictional coverage civil cases.
Recommendation No. 5
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 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. 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.
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.
Recommendation No. 6
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 information system in the lower courts which was funded by the World Bank PHRD Grant. 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. 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.
The adoption of transcription technology, teleconferencing, and electronic case-filing, electronic issuance of summons, orders and notices has been planned.
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.
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.
Recommendation No. 7
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 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.
The development of crime classification and crime indicators will be necessary in
establishing 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 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
Recommendation No. 9
ESTABLISH THE
AND PROSECUTION AGENCIES TOGETHER WITH A MEANINGFUL
OPERATIONALIZATION OF JUDICIAL AUTONOMY
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.
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.
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.
Recommendation No. 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
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 Attorney’s Office (PAO);
b) Refocusing the role of PAO from directly providing legal services to mobilizing and managing the country’s 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.
Recommendation 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 the indigenous peoples’ justice system and the use of their own traditional methodologies and practices for conflict resolution. 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.
A study on the potential expansion of the jurisdiction of the Shari’a courts and the removal of the overlapping of its functions with the regular lower courts should be also undertaken.
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 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.
Recommendation No. 13
STRENGTHEN THE CAPACITIES OF PROSECUTION AGENCIES
–NPS AND OMB
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).
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
Recommendation 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 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.
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 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.
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.
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.
Recommendation 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 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 CHR’s 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.
Recommendation No. 17
MAINSTREAMING RBA IN CRIMINAL JUSTICE
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. 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.
Recommendation No. 18
STRENGTHEN THE HUMAN RESOURCE MANAGEMENT SYSTEMS ACROSS THE PILLARS
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.
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. PhilJA’s 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.
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 is recommended.
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, and imposition of stronger 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 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.
Recommendation No. 21
PASS LEGISLATION TO RATIFY INTERNATIONAL TREATIES AND CONVENTIONS
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 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
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.
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
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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By:
Atty. Manuel J. Laserna Jr.
