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University of Santo Tomas High School España, Manila

In partial fulfillment of the requirements in COMMUNICATION ARTS IN ENGLISH 4

This RESEARCH PAPER:

CAUSE AND EFFECTS OF THE SLOW CRIMINAL JUSTICE SYSTEM OF THE PHILIPPPINES
is submitted by:

DITHER JOHN C. NABOR

to

MRS. MARIA TERESA C. CASADO-RAMOS

on December 6, 2013

2013 TITLE OF RESEARCH PAPER: "Cause and Effects of the Slow Criminal Justice System of the Philippines" CRITERIA: Substance Mechanics Documentation Organization Materials TOTAL: (30) (20) (20) (10) (20) __________ __________ __________ __________ __________ (100) __________ LIST OF MATERIALS (Kindly indicate your scores.University of Santo Tomas High School España. Manila RESEARCH PAPER EVALUATION SHEET NAME: SECTION: Nabor. Dither John C. Saint Dionysius DATE SUBMITTED: December 6.) Topic Proposals Bibliography Cards Notecards Research Outline Research Interview Report Actual Interview Chapter 1 (project paper) Chapter 2 (project paper) Chapter 3 (project paper) Chapter 4 (project paper) (30) (30) (60) (20) (40) (40) (20) (20) (20) (20) 27 32 47 14 28 35 14 17 13 14 ii .

......................................................................................................... 2 RESEARCH QUESTIONS .............................................................................................................................. 1 RESEARCH AIMS .......................... 15 iii ............................... 15 A..................................................................................... 2 CHAPTER 2: RESEARCH METHOD .......................................................... SUMMARY OF FINDINGS ...................................... 3 DESCRIPTION OF THE METHOD USED ...................... 10 CHAPTER 5: CONCLUSION ................................ 6 INTRODUCTION TO CRIMINAL JUSTICE SYSTEM ................................................................................................TABLE OF CONTENTS CHAPTER 1: INTRODUCTION ............ 15 B.................................................... RECOMMENDATIONS . 1 OVERVIEW......................... 4 CHAPTER 3: RELATED READINGS ...................... 8 CHAPTER 4: PROPOSITIONS.......................... 3 CONCEPTUAL FRAMEWORK .............................................................................................................................................................................................. 6 PROCESS OF THE CRIMINAL JUSTICE SYSTEM ......

The defense panel is composed of the defendant/s. and the community3. The process determines how a complaint will be filed.CHAPTER 1: INTRODUCTION OVERVIEW The Criminal Justice System (CJS) determines the policies and procedures to be followed to give justice to everyone. 3. March 31. particularly those who have committed crimes and has been filed with a formal complaint. 27. 1 1 . The Lawyers Review Vol. 2-5. In every case entered in the CJS and has been forwarded to be arraigned in a court. and how will the prosecuted return to his community2. state prosecutors. 12-13 2 Oscar Gatchalian Soriano. there will always be a prosecuting panel and the defense panel. lawyers. The prosecuting panel consists of the complainant/s. Each of these has their own role in the CJS and is vital to serving justice to the whole Filipino people. The Philippine Criminal Justice System: Theories. Inc. but also includes the police. and the prosecuting lawyer/s. 2010). The CJS of the Philippines is decided upon by various laws 1 and is governed over by the Supreme Court. "Where Lies the Delay in the Criminal Justice System?".. 2003. such as the National Bilibid Prison. Models and Practices (Quezon City: Great Books Publishing. 11-15. witness/es. correctional institutes. The CJS does not only include courts. and the defense lawyers. witness/es. 3 Alicia Gonzales-Decano. what will happen to it from the time it was filed until it reaches final decision from the judge/judges. Pablo Fegi Narag. who will carry the sentence. 2008). No. Notes on the Philippine Criminal Justice System (Quezon City: Central Book Supply. and the judges.

2. What is the process of the current criminal justice system of the Philippines? 2. 4. RESEARCH QUESTIONS The proponent intends to answer the following: 1.RESEARCH AIMS This paper aims to: 1. What are the causes of a slow justice system? 5. What are the effects of a slow justice system? 2 . determine the effects of our slow justice system. What are the 5 pillars of our criminal justice system? 3. identify different laws that can affect our criminal justice system. What are the different laws that can affects our criminal justice system? 4. analyze the current criminal justice system of the Philippines. determine the causes of our slow justice system. 3.

Whenever there is a commitment of crime. and speedy resolution. (2004).). This will help in determining the problems in the CJS. Today. 2. The Lawyers Review v. 3.CHAPTER 2: RESEARCH METHOD DESCRIPTION OF THE METHOD USED The researcher made use of analysis and cause and effects to develop this paper.6 The Merriam-Webster Dictionary (New ed. Inc. speedy examination. It was intended to guarantee the proper conviction and prevent exploitation of power by the authority. 2003. 5 Cause and effects is the identification of reasons for the problems and/or solutions found in a process or in the environment. however. pointing out the effects of these problems and give proper and feasible recommendations. Soriano. The CJS has five stages. March 31. people expect speedy identification of culprit. 6 Alicia Gonzales-Decano. USA: Merriam-Webster. 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. Most cases do not proceed from the preliminary review stage. convictions happen only to a small percentage of arrests. the CJS has been the subject of criticism and study due to the slow flow of the prosecution of violations. speedy hearing. Analysis is separation of a thing into the parts or elements of which it is composed4. "Where Lies the Delay in the Criminal Justice System?". 9. 17 no. 4 5 3 .

Identification of Laws that Govern and affect the CJS Discussion of Revised Penal Code Enumeration of the Delays in the CJS Causes of the Delays in the CJS Effects of the Delays in the CJS Formulation of Recommendations 4 .CONCEPTUAL FRAMEWORK Analysis of the process of the Criminal Justice System of the Philippines Discussion of Rules of Court.

thus becoming the reference of the courts in criminal cases7. 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. After the identification of delays is the tracing of its cause and subsequent effects to the CJS. Under the Laws is the discussion of the Revised Penal Code of the Philippines. This will determine the process of the The next part is the Identification of Laws that govern and affect the CJS. The identification of the delays contains the probable delays the CJS process contains. 15-16 Ibid 5 . It is the main law that governs over the CJS. and these laws may be source of delays to the CJS. The presentation of recommendations of the author will follow afterwards. This part is important in the identification of possible delays in the process of the CJS. which includes the acts considered as crime and the lenght of penalties that can be imposed 8. Under this includes the definition of CJS. Aside from the constitution.The first part of the paper is the Analysis of the process of the Criminal Justice System of the Philippines. various laws still govern over the CJS. 7 8 Narag. The Rules of Court contains the criminal procedures.

op. 11-15. The CJS of the Philippines is decided upon by various laws 9 and is governed over by the Supreme Court. Soriano. 6. 12 Narag.cit. Tradio. 11 Cirilo M. 9 10 6 .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. the Court of Tax Appeals for the violations of the Internal Revenue Code and the Family Court for the criminal cases involving family members12 Narag. The first level trial courts are composed of the Municipal Trial Courts. Metropolitan Trial Courts. 11 The Philippine CJS have courts of different hierarchy. what will happen to it from the time it was filed until it reaches final decision from the judge/judges. particularly the Sandiganbayan for the Government Employees. who will carry the sentence. 44-45. Introduction to Criminal Justice System Philippines (Manila City: Rex Book Store. There are also courts with special jurisdiction. 1986). The process determines how a complaint will be filed. 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. Then comes the Court of Appeals and ultimately the Supreme Court.. and how will the prosecuted return to his community10. 12-13. The Philippine CJS is the sum total of instrumentation which a society uses in the prevention and control of crime and juvenile delinquency. To be followed by the Courts of General Jurisdiction or the Regional Trial Courts. Municipal Circuit Trial Courts and the Municipal Trial Court in Cities. particularly those who have committed crimes and has been filed with a formal complaint.

mass media.51. This pillar is not only composed of the PNP. the CJS is composed of the Five Pillars of Justice. Navy and PAF. This pillar orders the warrants. They carry out the preliminary investigation in search for probable cause. namely community. The first pillar is the community. if the investigators are the police on duty. 2). This includes the National Bilibid Prison. 15 Decano. investigate the case and decide on the sentence. 8. AFP. They can also collect sworn statements from the complainant and the witnesses. 2-5. police.Five Pillars of Justice According to Gonzales-Decano (2003. This pillar includes the Fiscals and state prosecutors of the DOJ. 110. 45. Everyone is part of this pillar. school. The community enjoys the results of the whole CJS. Phil. 17 Narag. carries out the trials. Tradio.17 The last pillar is the correctional institutions. 43. which is the largest correctional institute in our country. 15 The third pillar is the prosecution. community agencies and the barangay officials13 The next pillar is the police or the law enforcement. 16 Soriano. They are tasked to primarily uphold the rules of law as part of the CJS. government. but also composed of the different government offices such as the different branches of the Executive branch14. 13 14 7 .16 The fourth pillar of the CJS is the court. prosecution. schedules the arraignment. including the victim and the offender. The police pillar also receives private complaints. courts and correctional institutes. Soriano. This pillar is composed of the home/family. Their primary purpose is to carry out the sentence determined by the court. church.

with no exemption of having it appealed at the Court of Appeals or ultimately the Supreme Court. the victim cannot file an appeal. the case will proceed directly to the trials. Its purpose is to prepare both parties and ensure the progress of the case during the actual trial. the case will proceed to the court-assisted mediation. if the accused is found guilty. If the decision is guilty. the case will be dismissed already. or the initial appearance. If there is. Prior to the actual trial. the accused is given the chance to plead if he is guilty or not. otherwise. the defendant may file an appeal on the decision. as it will be a violation of the constitutional of the defendant.PROCESS OF THE CRIMINAL JUSTICE SYSTEM In an interview with Atty. lawyers of both parties are required to submit and exchange the affidavits of both parties' witnesses. 8 . a complaint may not start from police but rather be filed directly to the Fiscal's Office/Prosecutor's Office. The appeal will have to go the same process stated all over again. if the decision is not guilty. 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. the case will be forwarded to the RTC/MTC to have an assigned judge and have the initial arraignment scheduled. After the trials. particularly it will count as double jeopardy. If the case is can be mediated. Ortiguerra (2013). Depending on the case. Its primary job is to carry out a preliminary investigation to find if there's a probable cause on the case. else. In the arraignment. the judge will have to release a decision and the sentence. however.

100-109. the basis of the sentence to the persecuted. and the kind of sentence that can be carried out. Stated here are the actions that are considered as crime. The Juvenile Justice and Welfare Act of 2006 also affect the CJS. Stated here are the basic setup of our justice system and the Bill of Rights that includes the basic rights of every Filipino. 9 .Laws That Affect the Criminal Justice System The main law that affects the CJS is the 1987 Constitution of the Republic of the Philippines. 18 18 Narag. 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. the Revised Penal Code also affects our CJS. This law provides protection to those offenders who are below of legal age. Aside from the Philippine Constitution.

PROPOSITION 4: There is can be a mediation before arraignments. 10 . Police. our CJS is a cycle. and will help to lessen the cases raised to the courts to be trialed. not only in the life of the victim. and getting fast serving of justice. EXPLANATION: These five pillars comprise the whole CJS. EXPLANATION: Starting with the Community Pillar and ending with it. but also for the immediate gathering of necessary evidences.CHAPTER 4: PROPOSITIONS PROPOSITION 1: The CJS is composed of five pillars. EXPLANATION: These simple factors already become the start of the delays in our CJS. namely the Community. Courts and the Correctional Institutions. Slow response could be vital. EXPLANATION: A mediation may happen depending on the case. Having all possible evidences could lead to the immediate determination of suspect. Going through every pillar will guide a case to the whole process. PROPOSITION 2: The Five Pillars of our CJS determines the whole process of our justice system. depending on the case. Its purpose is to try to solve the issue between both parties. This will help both parties to lessen the needed funding for the case. Each of these pillars is vital to giving justice to every Filipino. without having arraignments. PROPOSITION 3: The laziness and slow response of the police contributes to the slowdown of our CJS. Prosecution. One pillar is as important as the other four.

if the judge approves this petition. EXPLANATION: This memorandum is a summary of all things presented in court. the trials will be suspended until this is solved. It will help both parties prepare for the arraignment. the lawyers may request for movement of trial. PROPOSITION 6: Each party involved must submit Judicial Affidavit/s at least three days before an arraignment. The effect of this depends on its outcome. with 2 months intervals. EXPLANATION: After the pre-trial. and will help in speeding up the decision-making. otherwise. If this is filed. the court gives 3 initial trial dates. for any reason. This causes another delay in our CJS. such as unavailability of witness/es because of personal matters. the case is dismissed immediately. PROPOSITION 8: The judge may require both parties to submit a memorandum after the trials. It will also ensure that the witnesses will be present during the arraignment. 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. PROPOSITION 7: The defense may file a Demure of Evidence within the duration of a case. the lawyer or the witness/es are unavailable. If. 11 . it becomes a delay and the trial continues. This will help in speeding up the cases because both parties are already prepared once they meet in court.PROPOSITION 5: Lawyers of either party may request for movement of a trial for whatever reason may happen. EXPLANATION: The Judicial Affidavit contains the witnesses' testimonies. as the next trial will be filed after about 2 months again. It will help the judge remember all evidences presented in the trials.

PROPOSITION 10: The cross-examination of a witness may happen on the next arraignment. Sec. This will also lessen the cases appealed and will help to speed up the cases appealed already. prisoners waiting for conviction will be released if they reached the maximum number of years in prison. PROPOSITION 12: If the accused is acquitted. EXPLANATION: This does not only protect the innocent. PROPOSITION 13: Our Constitution greatly affects our CJS. EXPLANATION: This mandate ensures that all cases will be decided after all the trials. which can also affect our CJS. like Art. thus includes international criminal laws. This will also prevent the stacking up of unsolved cases and ensure the continues flow of our CJS. the complainant could not appeal the case. we adopt the generally accepted principles of international law. The time period ensures that no further delay may happen. the complainant cannot appeal the case as it counts as double jeopardy. 2. such as stated in Art. 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. 12-13). the judge must release a judgment within 30 days. EXPLANATION: If the accused is acquitted. There are constitutional provisions that affect the CJS. EXPLANATION: According to Narag (2008. but also speed up the CJS by reducing the cases in line for conviction. II. 12 . in their case. It will be a violation if his constitutional rights.PROPOSITION 9: After all the trials. EXPLANATION: This causes another delay. There are other constitutional provisions. under certain circumstances. III or the Bill of Rights.

there will be a collaborative effort between the pillars in solving a criminal case. This will help the lawyers in the preparations and will ensure of the attendance of the witnesses of both parties. In this manner. PROPOSITION 15: The delay in our CJS can be found in all of its Five Pillars. such as tardiness of staffs and judges. and is making necessary revisions to speed it up. In the event that the witnesses are not present on the actual trial. PROPOSITION 17: There are delays caused by court-related agencies. EXPLANATION: These problems. EXPLANATION: In an interview with Atty. PROPOSITION 16: A delay in a part of our CJS will have a domino effect in the succeeding parts as well. lawyers are required to submit the affidavits of both parties involved at least 2 days before the scheduled trial. the cooperation between the five pillars is a must. it will stand as their statement. thus. the pillars of our CJS in linked to one another.PROPOSITION 14: The Supreme Court is adding constantly amending our CJS to remove the delays in the system. thus. This is a proof that the government is aware of our slow CJS. EXPLANATION: A simple delay in one part of our CJS will definitely cause a delay in the succeeding parts as well. Ortiguerra. According to Gonzales-Decano (2003). EXPLANATION: As a system. 13 . she mentioned that recently. a delay in one of the pillars will have an effect in the other pillars as well. delay in the mail and the like still contributes to the delays in the CJS. they will not cause delay as their affidavits were already submitted.

14 . which can be filed when a case is at the Prosecution Pillar until the Court Pillar. Whenever a motion is filed. 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. and are sometimes used as delaying tactics by lawyers. EXPLANATION: There are lots of motions.PROPOSITION 18: Another cause of the delays in the CJS is the filing of various motions. like Motion for Reconsideration. the trial or investigation on the actual case is temporarily suspended to solve the motions first. PROPOSITION 19: The delayed CJS has a great effect in the safety of the Filipinos. This is another cause of delay because motions are time consuming. the Filipinos have no trust in the government to serve justice to all.

The people involved in our CJS should be more aware of the responsibilities and how their actions affect these responsibilities. Allow court hearings in the afternoon and prioritize the old cases filed already to lessen the congestion in our correctional institutes. 4. review the whole CJS and implement revisions and new court rulings to speed up the current CJS. The Supreme Court. The lawyer's delaying tactics on a case have a great impact on the CJS Because of the delays. B. the proponent recommends that: 1. Because of the delay in a case. Prosecution. 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. there will be a delay that will happen in the succeeding cases filed in a court's jurisdiction. There should be a better cooperation among the five pillars of the CJS. SUMMARY OF FINDINGS The main causes of the delays in the CJS include prolonging of filing of cases. 15 . RECOMMENDATIONS After a diligent research. negligence of duties by the persons in authority and the filing of motions by the parties involved. there is a domino effect on our CJS. 3. 2. namely the Police. Courts. The 5 pillars of the CJS. together with the Department of Justice and Judicial and Bar Council of the Philippines. Correctional Institutions and the Community.CHAPTER 5: CONCLUSION A. all have a contribution to the delays.