UNIVERSITY OF SANTO TOMAS HIGH SCHOOLEnglish Department

Academic Year 2013 – 2014

CAUSE AND EFFECTS OF THE SLOW CRIMINAL JUSTICE SYSTEM OF THE PHILIPPINES

Nabor, Dither John C.IV - Saint Dionysius

Mrs. Maria Teresa Casado-RamosSubject Teacher

November 12, 2013

CHAPTER 2: RESEARCH METHODDESCRIPTION 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

composed1. 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. 2

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.3

1 The Merriam-Webster Dictionary (New ed.). (2004). USA: Merriam-Webster, Inc.2 Oscar Gatchalian Soriano, The Philippine Criminal Justice System: Theories, Models and Practices (Quezon City: Great Books Publishing, 2010), 9.3 Alicia Gonzales-Decano, "Where Lies the Delay in the Criminal Justice System?", The Lawyers Review v. 17 no. 3, March 31, 2003, 2.

CONCEPTUAL FRAMEWORK

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

Analysis of the process of the Criminal Justice System of the

Philippines

Identification of Laws that Govern and affect the CJS

Discussion of Revised Penal Code

Causes of the Delays in

the CJS

Enumeration of the Delays in the CJS

Effects of the Delays in the

CJS

Formulation of Recommendations

Discussion of Rules of Court.

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 cases4. 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 imposed5.

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.

4 Pablo Fegi Narag, Notes on the Philippine Criminal Justice System (Quezon City: Central Book Supply, Inc., 2008), 15-165 Ibid