cause and effects of the slow criminal justice system of the philippines

7/22/2019 Cause and Effects of the Slow Criminal Justice System of the Philippines

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University of Santo Tomas High SchoolEspaa, Manila

In partial fulfillment of the requirements inCOMMUNICATION ARTS IN ENGLISH 4

This RESEARCH PAPER:

CAUSE AND EFFECTS OF THESLOW CRIMINAL JUSTICESYSTEM OF THE PHILIPPPINES

is submitted by:

DITHER JOHN C. NABOR

to

MRS. MARIA TERESA C. CASADO-RAMOS

on

December 6, 2013


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University of Santo Tomas High SchoolEspaa, Manila

RESEARCH PAPER EVALUATION SHEET

NAME: Nabor, Dither John C.SECTION: Saint DionysiusDATE SUBMITTED: December 6, 2013

TITLE OF RESEARCH PAPER:

"Cause and Effects of the Slow Criminal Justice System of the Philippines"

CRITERIA:

Substance (30) __________Mechanics (20) __________Documentation (20) __________Organization (10) __________Materials (20) __________

TOTAL: (100) __________

LIST OF MATERIALS(Kindly indicate your scores.)

Topic Proposals (30) 27Bibliography Cards (30) 32Notecards (60) 47Research Outline (20) 14Research Interview Report (40) 28

Actual Interview (40) 35

Chapter 1 (project paper) (20) 14Chapter 2 (project paper) (20) 17Chapter 3 (project paper) (20) 13Chapter 4 (project paper) (20) 14


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TABLE OF CONTENTS

CHAPTER 1: INTRODUCTION................................................................... 1OVERVIEW....................................................................................................... 1RESEARCH AIMS ............................................................................................ 2

RESEARCH QUESTIONS ................................................................................ 2CHAPTER 2: RESEARCH METHOD......................................................... 3

DESCRIPTION OF THE METHOD USED ........................................................ 3CONCEPTUAL FRAMEWORK ......................................................................... 4

CHAPTER 3: RELATED READINGS........................................................ 6INTRODUCTION TO CRIMINAL JUSTICE SYSTEM ....................................... 6PROCESS OF THE CRIMINAL JUSTICE SYSTEM ......................................... 8

CHAPTER 4: PROPOSITIONS.................................................................. 10

CHAPTER 5: CONCLUSION..................................................................... 15

A. SUMMARY OF FINDINGS ......................................................................... 15B. RECOMMENDATIONS .............................................................................. 15


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CHAPTER 1: INTRODUCTION

OVERVIEW

The Criminal Justice System (CJS) determines the policies and

procedures to be followed to give justice to everyone, particularly those who have

committed crimes and has been filed with a formal complaint. The CJS of the

Philippines is decided upon by various laws1and is governed over by the

Supreme Court. The process determines how a complaint will be filed, what will

happen to it from the time it was filed until it reaches final decision from the

judge/judges, who will carry the sentence, and how will the prosecuted return to

his community2.

In every case entered in the CJS and has been forwarded to be arraigned

in a court, there will always be a prosecuting panel and the defense panel. The

prosecuting panel consists of the complainant/s, witness/es, and the prosecuting

lawyer/s. The defense panel is composed of the defendant/s, witness/es, and the

defense lawyers.

The CJS does not only include courts, lawyers, state prosecutors, and the

judges, but also includes the police, correctional institutes, such as the NationalBilibid Prison, and the community3. Each of these has their own role in the CJS

and is vital to serving justice to the whole Filipino people.

1Pablo Fegi Narag, Notes on the Philippine Criminal Justice System(Quezon City:

Central Book Supply, Inc., 2008), 12-132Oscar Gatchalian Soriano, The Philippine Criminal Justice System: Theories, Models

and Practices(Quezon City: Great Books Publishing, 2010), 11-15.3Alicia Gonzales-Decano, "Where Lies the Delay in the Criminal Justice System?",

The Lawyers Review Vol. 27, No. 3, March 31, 2003, 2-5.


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RESEARCH AIMS

This paper aims to:

1. analyze the current criminal justice system of the Philippines.

2. identify different laws that can affect our criminal justice system.

3. determine the causes of our slow justice system.

4. determine the effects of our slow justice system.

RESEARCH QUESTIONS

The proponent intends to answer the following:

1. What is the process of the current criminal justice system of the

Philippines?

2. What are the 5 pillars of our criminal justice system?3. What are the different laws that can affects our criminal justice

system?

4. What are the causes of a slow justice system?

5. What are the effects of a slow justice system?


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CHAPTER 2: RESEARCH METHOD

DESCRIPTION OF THE METHOD USED

The researcher made use of analysis and cause and effects to develop

this paper.

Analysis is separation of a thing into the parts or elements of which it is

composed4. The every step in the process of the CJS was defined and explained

for the understanding of the reader and the researcher and for the identification

of the probable delays in the duration of the process.

The CJS has five stages. It was intended to guarantee the proper

conviction and prevent exploitation of power by the authority. Most cases do not

proceed from the preliminary review stage, however; convictions happen only to

a small percentage of arrests. 5

Cause and effects is the identification of reasons for the problems and/or

solutions found in a process or in the environment. This will help in determining

the problems in the CJS, pointing out the effects of these problems and give

proper and feasible recommendations.

Today, the CJS has been the subject of criticism and study due to the

slow flow of the prosecution of violations. Whenever there is a commitment of

crime, people expect speedy identification of culprit, speedy examination, speedy

hearing, and speedy resolution.6

4The Merriam-Webster Dictionary (New ed.). (2004). USA: Merriam-Webster, Inc.5Soriano, 9.6Alicia Gonzales-Decano, "Where Lies the Delay in the Criminal Justice System?",

The Lawyers Review v. 17 no. 3, March 31, 2003, 2.


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CONCEPTUAL FRAMEWORK

Analysis of the process of theCriminal Justice System of the

Philippines

Identification of Laws thatGovern and affect the CJS

Discussion of Revised Penal

Causes ofthe Delays in

the CJS

Enumeration of the Delays inthe CJS

Effects of theDelays in the

CJS

Formulation ofRecommendations

Discussion of Rules of Court.


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The first part of the paper is the Analysis of the process of the Criminal

Justice System of the Philippines. Under this includes the definition of CJS, 5

Pillars of justice and the complete process and its underlying concepts. In this

part, the CJS will be analyzed part by part for a clearer understanding of the

process and its concepts.

The Rules of Court contains the criminal procedures, thus becoming the

reference of the courts in criminal cases7. This will determine the process of the

The next part is the Identification of Laws that govern and affect the CJS.

This part is important in the identification of possible delays in the process of the

CJS. Aside from the constitution, various laws still govern over the CJS, and

these laws may be source of delays to the CJS.

Under the Laws is the discussion of the Revised Penal Code of the

Philippines. It is the main law that governs over the CJS, which includes the acts

considered as crime and the lenght of penalties that can be imposed8.

The identification of the delays contains the probable delays the CJS

process contains. After the identification of delays is the tracing of its cause and

subsequent effects to the CJS. The presentation of recommendations of the

author will follow afterwards.

7Narag, 15-168Ibid


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CHAPTER 3: RELATED READINGS

INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

Definition of Criminal Justice System

The Criminal Justice System (CJS) determines the policies and

procedures to be followed to give justice to everyone, particularly those who have

committed crimes and has been filed with a formal complaint. The CJS of the

Philippines is decided upon by various laws 9 and is governed over by the

Supreme Court. The process determines how a complaint will be filed, what will

happen to it from the time it was filed until it reaches final decision from the

judge/judges, who will carry the sentence, and how will the prosecuted return to

his community10.

An idea of systematic criminal justice planning could serve as an avenue

for the development of inter-agency coordination in the area of prevention and

control of crime and delinquency. The Philippine CJS is the sum total of

instrumentation which a society uses in the prevention and control of crime and

juvenile delinquency. 11

The Philippine CJS have courts of different hierarchy. The first level trial

courts are composed of the Municipal Trial Courts, Metropolitan Trial Courts,Municipal Circuit Trial Courts and the Municipal Trial Court in Cities. To be

followed by the Courts of General Jurisdiction or the Regional Trial Courts. Then

comes the Court of Appeals and ultimately the Supreme Court. There are also

courts with special jurisdiction, particularly the Sandiganbayan for the

Government Employees, the Court of Tax Appeals for the violations of the

Internal Revenue Code and the Family Court for the criminal cases involving

family members12

9Narag, 12-13.10Soriano, 11-15.11Cirilo M. Tradio, Introduction to Criminal Justice System Philippines(Manila City:

Rex Book Store, 1986), 6.12Narag, op.cit., 44-45.


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Five Pillars of Justice

According to Gonzales-Decano (2003, 2), the CJS is composed of the

Five Pillars of Justice, namely community, police, prosecution, courts and

correctional institutes.

The first pillar is the community. Everyone is part of this pillar, including

the victim and the offender. The community enjoys the results of the whole CJS.

This pillar is composed of the home/family, school, church, government, mass

media, community agencies and the barangay officials13

The next pillar is the police or the law enforcement. This pillar is not only

composed of the PNP, AFP, Phil. Navy and PAF, but also composed of the

different government offices such as the different branches of the Executive

branch14. The police pillar also receives private complaints. They can also collect

sworn statements from the complainant and the witnesses, if the investigators

are the police on duty.15

The third pillar is the prosecution. This pillar includes the Fiscals and state

prosecutors of the DOJ. They are tasked to primarily uphold the rules of law as

part of the CJS. They carry out the preliminary investigation in search for

probable cause.16

The fourth pillar of the CJS is the court. This pillar orders the warrants,schedules the arraignment, carries out the trials, investigate the case and decide

on the sentence.17

The last pillar is the correctional institutions. Their primary purpose is to

carry out the sentence determined by the court. This includes the National Bilibid

Prison, which is the largest correctional institute in our country.

13Soriano, 110.14Tradio, 8.15Decano, 2-5.16Soriano, 45,51.17Narag, 43.


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PROCESS OF THE CRIMINAL JUSTICE SYSTEM

In an interview with Atty. Ortiguerra (2013), she described the process of

the CJS as started from the case filing until it reaches a final decision, either from

the Regional Trial Courts (RTC)/Metropolitan Trial Courts (MTC) or the Supreme

Court.

Depending on the case, a complaint may not start from police but rather

be filed directly to the Fiscal's Office/Prosecutor's Office. Its primary job is to

carry out a preliminary investigation to find if there's a probable cause on the

case. If there is, the case will be forwarded to the RTC/MTC to have an assigned

judge and have the initial arraignment scheduled, otherwise, the case will be

dismissed already.

In the arraignment, or the initial appearance, the accused is given the

chance to plead if he is guilty or not. If the case is can be mediated, the case will

proceed to the court-assisted mediation, else, the case will proceed directly to

the trials.

Prior to the actual trial, lawyers of both parties are required to submit and

exchange the affidavits of both parties' witnesses. Its purpose is to prepare both

parties and ensure the progress of the case during the actual trial.

After the trials, the judge will have to release a decision and the sentence,if the accused is found guilty. If the decision is guilty, the defendant may file an

appeal on the decision; however, if the decision is not guilty, the victim cannot file

an appeal, as it will be a violation of the constitutional of the defendant,

particularly it will count as double jeopardy.

The appeal will have to go the same process stated all over again, with no

exemption of having it appealed at the Court of Appeals or ultimately the

Supreme Court.


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Laws That Affect the Criminal Justice System

The main law that affects the CJS is the 1987 Constitution of the Republic

of the Philippines. Stated here are the basic setup of our justice system and the

Bill of Rights that includes the basic rights of every Filipino.

Aside from the Philippine Constitution, the Revised Penal Code also

affects our CJS. Stated here are the actions that are considered as crime, the

basis of the sentence to the persecuted, and the kind of sentence that can be

carried out.

The Juvenile Justice and Welfare Act of 2006 also affect the CJS. This law

provides protection to those offenders who are below of legal age. It is stated the

age of criminal liability and the lighter sentence that can be imposed to him. This

also contains special procedures in handling these special types of cases. 18

18Narag, 100-109.


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CHAPTER 4: PROPOSITIONS

PROPOSITION 1: The CJS is composed of five pillars, namely the

Community, Police, Prosecution, Courts and the Correctional Institutions.

EXPLANATION:These five pillars comprise the whole CJS. Each of thesepillars is vital to giving justice to every Filipino. One pillar is as important as

the other four.

PROPOSITION 2: The Five Pillars of our CJS determines the whole process

of our justice system.

EXPLANATION: Starting with the Community Pillar and ending with it, our

CJS is a cycle. Going through every pillar will guide a case to the whole

process.

PROPOSITION 3: The laziness and slow response of the police contributes

to the slowdown of our CJS.

EXPLANATION: These simple factors already become the start of the delays

in our CJS. Slow response could be vital, not only in the life of the victim, but

also for the immediate gathering of necessary evidences. Having all possible

evidences could lead to the immediate determination of suspect, and getting

fast serving of justice.

PROPOSITION 4: There is can be a mediation before arraignments,

depending on the case.

EXPLANATION:A mediation may happen depending on the case. Its

purpose is to try to solve the issue between both parties, without having

arraignments. This will help both parties to lessen the needed funding for the

case, and will help to lessen the cases raised to the courts to be trialed.


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PROPOSITION 5: Lawyers of either party may request for movement of a

trial for whatever reason may happen, such as unavailability of witness/es

because of personal matters.

EXPLANATION:After the pre-trial, the court gives 3 initial trial dates, with 2

months intervals. If, for any reason, the lawyer or the witness/es are

unavailable, the lawyers may request for movement of trial. This causes

another delay in our CJS, as the next trial will be filed after about 2 months

again.

PROPOSITION 6: Each party involved must submit Judicial Affidavit/s at

least three days before an arraignment.

EXPLANATION: The Judicial Affidavit contains the witnesses' testimonies. It

will help both parties prepare for the arraignment. It will also ensure that the

witnesses will be present during the arraignment. This will help in speeding up

the cases because both parties are already prepared once they meet in court.

PROPOSITION 7: The defense may file a Demure of Evidence within the

duration of a case.

EXPLANATION:A Demure of Evidence means that the defense believes that

the evidences presented in court cannot prove the involvement of the

defendant in the crime. If this is filed, the trials will be suspended until this is

solved. The effect of this depends on its outcome, if the judge approves this

petition, the case is dismissed immediately, otherwise, it becomes a delay

and the trial continues.

PROPOSITION 8: The judge may require both parties to submit a

memorandum after the trials.

EXPLANATION: This memorandum is a summary of all things presented in

court. It will help the judge remember all evidences presented in the trials,

and will help in speeding up the decision-making.


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PROPOSITION 9:After all the trials, the judge must release a judgment

within 30 days.

EXPLANATION:This mandate ensures that all cases will be decided after all

the trials. The time period ensures that no further delay may happen. This will

also prevent the stacking up of unsolved cases and ensure the continues flow

of our CJS.

PROPOSITION 10: The cross-examination of a witness may happen on the

next arraignment.

EXPLANATION: This causes another delay, as it will add up to the things

needed to be done on the next trial day.

PROPOSITION 11: Depending on the maximum years in prison, prisoners

waiting for conviction will be released if they reached the maximum number of

years in prison, in their case, under certain circumstances.

EXPLANATION: This does not only protect the innocent, but also speed up

the CJS by reducing the cases in line for conviction.

PROPOSITION 12: If the accused is acquitted, the complainant could not

appeal the case.

EXPLANATION: If the accused is acquitted, the complainant cannot appeal

the case as it counts as double jeopardy. It will be a violation if his

constitutional rights. This will also lessen the cases appealed and will help to

speed up the cases appealed already.

PROPOSITION 13: Our Constitution greatly affects our CJS.

EXPLANATION:According to Narag (2008, 12-13), There are constitutional

provisions that affect the CJS, such as stated in Art. II, Sec. 2, we adopt the

generally accepted principles of international law, thus includes international

criminal laws. There are other constitutional provisions, like Art. III or the Bill

of Rights, which can also affect our CJS.


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PROPOSITION 14: The Supreme Court is adding constantly amending our

CJS to remove the delays in the system.

EXPLANATION: In an interview with Atty. Ortiguerra, she mentioned that

recently, lawyers are required to submit the affidavits of both parties involved

at least 2 days before the scheduled trial. This will help the lawyers in the

preparations and will ensure of the attendance of the witnesses of both

parties. In the event that the witnesses are not present on the actual trial, they

will not cause delay as their affidavits were already submitted, thus, it will

stand as their statement. This is a proof that the government is aware of our

slow CJS, and is making necessary revisions to speed it up.

PROPOSITION 15: The delay in our CJS can be found in all of its Five

Pillars.

EXPLANATION:As a system, the pillars of our CJS in linked to one another,

thus, a delay in one of the pillars will have an effect in the other pillars as well.

PROPOSITION 16:A delay in a part of our CJS will have a domino effect in

the succeeding parts as well.

EXPLANATION:A simple delay in one part of our CJS will definitely cause a

delay in the succeeding parts as well. According to Gonzales-Decano (2003),

the cooperation between the five pillars is a must. In this manner, there will be

a collaborative effort between the pillars in solving a criminal case.

PROPOSITION 17: There are delays caused by court-related agencies.

EXPLANATION: These problems, such as tardiness of staffs and judges,

delay in the mail and the like still contributes to the delays in the CJS.


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PROPOSITION 18:Another cause of the delays in the CJS is the filing of

various motions.

EXPLANATION: There are lots of motions, like Motion for Reconsideration,

which can be filed when a case is at the Prosecution Pillar until the Court

Pillar. Whenever a motion is filed, the trial or investigation on the actual case

is temporarily suspended to solve the motions first. This is another cause of

delay because motions are time consuming, and are sometimes used as

delaying tactics by lawyers.

PROPOSITION 19: The delayed CJS has a great effect in the safety of the

Filipinos.

EXPLANATION: Having poor CJS allows criminals to continue do their illegal

actions and put the lives of the people in the Philippines in danger.

PROPOSITION 20:Another effect of our slow CJS is the downfall of the trust

of the public to the government.

EXPLANATION: Because of the slow CJS, the Filipinos have no trust in the

government to serve justice to all.


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CHAPTER 5: CONCLUSION

A. SUMMARY OF FINDINGS

The main causes of the delays in the CJS include prolonging of filing of

cases, negligence of duties by the persons in authority and the filing of motions

by the parties involved. The 5 pillars of the CJS, namely the Police, Prosecution,

Courts, Correctional Institutions and the Community, all have a contribution to the

delays. The lawyer's delaying tactics on a case have a great impact on the CJS

Because of the delays, there is a domino effect on our CJS. Because of

the delay in a case, there will be a delay that will happen in the succeeding cases

filed in a court's jurisdiction. Another effect is the increasing danger in our society

because of the presence of suspects still un-arrested and still committing crimes

in our society.

B. RECOMMENDATIONS

After a diligent research, the proponent recommends that:

1. There should be a better cooperation among the five pillars of the CJS.

2. The people involved in our CJS should be more aware of the

responsibilities and how their actions affect these responsibilities.

3. The Supreme Court, together with the Department of Justice and Judicial

and Bar Council of the Philippines, review the whole CJS and implement

revisions and new court rulings to speed up the current CJS.

4. Allow court hearings in the afternoon and prioritize the old cases filed

already to lessen the congestion in our correctional institutes.

cause and effects of the slow criminal justice system of the philippines

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