CRIMINAL JUSTICE SYSTEM: THE ROLE OF THE ANTI-CRIME NGOS AND THE COMMUNITY PILLAR

By Teresita Ang See

Founding Chair, Movement for Restoration of Peace and Order Founding President, Kaisa Para Sa Kaunlaran Inc.

Presented at the Conference-Workshop on the Five Pillars of the Criminal Justice System: Current Thrusts and Challenges, organized by the Philippine Public Safety College and held at the PNP Multi Purpose Hall, Camp Crame, Quezon City on November 16-18, 2011.

 Two active anti-crime NGOs: Movement for Restoration of Peace and Order and the Citizens Action Against Crime
Both organized in 1993 as ad hoc groups due to kidnap

for-ransom (KFR). Slogan -- After Charlene, whos next? Became permanent fixtures in the criminal justice system. KFR cases became symptomatic of how badly CJS needs a total overhaul . The sickness afflicting the CJS cuts across all five pillars of the justice system.

 The more MRPO-CAAC got involved, the

more the groups realize:

The complexity of the problems before the groups. The long, tortuous, and arduous path to reforms. By nature, the system, the people behind them too

defensive and stubbornly resistant to reforms. It needs not just an entire paradigm shift but the willingness to work for reforms, dedication, commitment, and resources to see the reforms through. It takes political will above all and large-scale institutional support to make the wheels of the justice system move more efficiently and effectively. The fact that we are still having this seminar is a statement in itself.

 Police watch

and support Prosecution liaison Court watch Corrections watch Community networking Media network

Outlay for first semester 2012: P4,671,834.50

PNP PIO 15 units Canon Video Cameras and 1 unit 4 Bay Network Attached Storage (4TB Storage) PNP - Crime Lab 2 units each Spectrophotometer/ 2 units Magnetic Hot Plate 2 units Stirrer/Electronic Top Load Balance PNP SAF Additional Rope Course: Rapelling/Fast Slide PNP PMO 30 units Desktop

PNP LSS Different Automotive Tools / 5 desktop PC

NCRPO 30 units Desktop PCs

PNP HPG communications and IT equipment PNP Equipment Catalogue PNP ITMS Camp Crame Wireless network

 PNP Training School:

Project Management

P1,892.540.00

Office: P105,490.00

230 theater seats 40 sets of 3 chairs and one table 5 sets of instructors tables and chairs 30 sets of students desks and chairs sets of blinds for five rooms 5 dry erase. tempered class boards, installed 4 LCD projectors 2 ASUS laptops

1 LCD Projector 2 ASUS laptop 1 Nikon D3100

Rehabilitation of

document archiving and intranet system for Directorate for PoliceCoommunity Relations: P81,415.00

 Rehabilitation of the entire seven station

Rope Obstacle Course of the Special Action Force in Camp Sto Domingo, Silang, Cavite: P890,000.00 PNP Health Service: P810,600.00

1 Delivery Table 25 Hospital beds with 2 cranks and mattress 20 Wheelchairs with Magwheels 20 OMRON Nebullizer Machines, made in Japan 17 Examining tables Senn type with stirrups 17 Weighing Scale with Height scale 20 BP apparatus, aneroid type, roll by 30 Minor Surgery Kits 5 ER Stretchers 30 Gooseneck Lamp 20 IV stand

PNPFI donated 65 rubber inflatable boats which were turned over to the PNP on Nov. 9, 2010 .

The Manila hostage-taking incident (Aug. 23, 2010): ended up

in tragedy: eight hostages were killed and two seriously wounded; frustrations of hostage-taker Rolando Mendoza in the three-year delay in resolving his case at the Ombudsman.

The Maguindanao Massacre (Nov. 23, 2009):

58 people were killed, 37 of them journalists. Two years now, many of the accused have not even been arraigned, and the trial has not yet started.

High-profile Cases
The Leonardo Co slay (Nov. 15, 2010): still
awaiting DOJ resolution

Controversial Cases:
two young men from prominent families for possession of illegal drugs; the Vizconde Massacre case

The Dichaves children, ages 2 and 4 (1993):

Final resolution -- 18 years

Jacky Rowena Tiu (2007): Conviction of 7

kidnappers, all Chinese nationals. Trial at lower court took 9 years and 10 months.

Kidnap-for-Ransom Cases
Kenshi Yu, age 4 (2005):
Suspect Dennis Roldan got bail for a non-bailable offense, despite strong evidence like positive identification of the victim.

In view of these cases, it is not surprising that KFR cases continue.

 And behind each high-profile case

Given Grace Cebanico rape-murder case Attorney Augustus Cezar, PUP professor, ambush-slay Venson Evangelista at Emerson Lozano carjacking-

murder case (victims of the Dominguez carnapping syndicate)

are countless cases of unknown victims, especially in rural areas.

Massacres of entire families by drugs-crazed criminals

are so common that weve become numbed and inured when we hear them.

Criminal Justice Systems Ideal Thematic Framework

1. Leadership and quality of management

Weak leadership, leadership problem, poor governance Personality based program, no continuity of program Micro management Inconsistent policies, too many policies creating confusion Double standard in policy application, selective implementation of rules

Abuse of authority

2. Functions and operations

Lack of effective enforcement of laws Ineffective strategies for crime prevention and control Weaknesses in the field of research

Lack of organizational focus

3. Institutional framework, organization structure

Duplication between LGU and NHQ programs Broad powers of LGU under RA 6935 and RA 8551 increasing political intervention and patronage Too big organization

Too many bosses, top heavy bureaucracy

Too many bodies administering PNP

4. Human resource development

Lack of training, weak training Complicated disciplinary system Inefficient deficient personnel services

Inequity, delays in promotion, influence- peddling

Placement not based on merit Faulty recruitment system No institutionalized career development program Mismatched position with knowledge, untapped talents

5. Resources Lack of personnel Lack of equipment

Lack of funds
Mismanagement of budget resources, inequity in resource allocation and logistics

6. Working condition 7. Organizational culture and integrity

Graft and corruption Internal and external politicization Lack of transparency in expenditure Lack of/deteriorating moral values, character Breakdown of discipline, police involvement in criminal activities

Culture of loan

Politicization
Palakasan (influence peddling) Military mentality Lack of commitment and dedication

8. Community relations and linkages

Lack of trust and confidence by community, poor image Failure to establish rapport and openness to the community

Fear instead of respect and love

Sum up of Issues and Challenges

Corruption and bribery remain among the biggest challenges

to reforms .
The revised penal code is vintage 1930. Untouchables. The inability to weed out unscrupulous

policemen, jail guards, special law enforcement agents, prosecutors, judges... affect the image of the entire criminal justice system and the delivery of justice.
Lack of proper coordination between the investigators,

prosecutors, judges and witnesses; technical inefficiency of key players .

Clogging and congestion in case dockets leading to delay in

the disposition of cases.

Sum up of Issues and Challenges

Political intervention and influence peddling in appointments,

assignments and promotions.

Inefficiency and incompetence, inadequacy of training in

investigation and handling of evidence; intelligence gathering, witnesses interview, lack of lawyers, lack of judges and prosecutors, especially in the provinces.
Lack of protection of witnesses, lawyers, prosecutors and

judges.
Difficulty of securing the presence of police witnesses and

when they do appear in court, they are not prepared.

Non-appearance of witnesses during preliminary or formal

investigation; Lack of communication skills when testifying.

Conclusion
Behind each crime statistic are shattered lives of people. The labyrinthine and often nightmarish CJS makes them

victims all over again. Imperfect and flawed as it is, the CJS as it is now, is the only one we have and it is imperative that we continue trying to chip at the blocks of problems. Anti-crime NGOs participate in a number of national summits on peace and order, but unfortunately, the ACTION PLANS remain as PLANS with no action. All is not lost.

Conclusion
Today, the topic of the workshop is reforms in the

CJS. The NAPOLCOM recently finished several workshops involving the five CJS pillars. DILG and DOJ will hold a symposium on CJS reforms in December this year. MAP, FINEX, MBC led the signing of a Covenant for Reforms in the Criminal Justice System at Marriott Hotel on October 13. As anti-crime NGOS, we are ready to be tapped in drawing up action plans, as long as we are assured that actions will be taken and not remain as plans.