To: The Congress and the Supreme Court of the Philippines

From: Vince Dave A. Bernardino

Date: December 7, 2020

Re: Improving the Criminal Justice System in the Philippines

The present Philippine Constitution, together with the laws that are enacted in
this present era, with respect to criminal cases, have always been construed to favor
the accused. Although, this seems unfair, the Constitution guarantees the protection
to the accused by way of compliance with every person’s right to liberty. Thus, when
an accused is arrested and to be presented to the proper judicial authorities, he has
to pass through a lot of process such as preliminary investigation, pre-trial,
arraignment, and other necessary process, before he faces the judge in the chambers
of the Court.
While there are laws enacted to protect such right and to guarantee the right
to the speedy disposition of cases, there still seems to be a problem in the way such
cases are processed. One problem that I have seen is the finding of probable cause
during the preliminary investigation. It is in this process wherein the investigating
prosecutor receives evidence from both parties to determine whether the accused
must be held for trial or not. Probable cause, to be found during preliminary
investigation is defined “as such facts as are sufficient to engender a well-founded
belief that a crime has been committed and that the respondent is probably guilty
thereof.”1 Moreover, “a finding of probable cause needs only to rest on evidence
showing that more likely than not a crime has been committed, and that it was
committed by the accused. Probable cause, although it requires less than evidence
justifying a conviction, demands more than bare suspicion.”2
The prosecutor shall rely upon the evidence presented to determine whether
the accused shall be held for trial. If he finds that there is a probable cause based on
the evidence, then the accused must be held for trial.
During trial, however, the evidence presented during the preliminary
investigation are also used during the trial. The problem arises when the judge
acquits the accused based on the evidence presented – the same evidence presented

1
GR No. 191567, Callo-Claridad v. Esteban, March 20, 2013.
2
Id.
during preliminary investigation. This begs the question: did the prosecutor commit
a mistake in finding probable cause? The prosecutor has not committed any error
since he is in a belief that such evidence would lead a prudent man that a crime has
been committed and that the respondent actually committed such crime. The
problem, then, lies in the differing opinions of the prosecutor and the judge. Thus,
as a suggestion, there must be a change from “probable cause” to a “clear and
convincing evidence” to prevent the delays in the disposition of the criminal case.
This is also in compliance with the right of every person to liberty.
With respect to the duties of the Court, this letter would also like to suggest
to the Supreme Court that all cases should be decided En Banc. This may be a bold
suggestion but this setup may also help in the proper disposition of cases. The Stare
Decisis is respected but Supreme Court is divided into divisions. This would bring
about the possibility that the Supreme Court Justices may have differing opinions
regarding cases with same set of facts. This would bring about a challenge to the
lawyers fighting for the accused as they would not know what case should they base
to convince the judge that the accused is worthy of acquittal. However, even if the
cases should be decided en banc, the right to a speedy disposition of cases must still
be respected with the aid of certain procedures as the Court may deem proper.
Given the provisions of the law and the Constitution, the procedures done with
respect to the disposition of criminal cases in the country, are sufficient enough to
make us conclude that these procedures are in compliance with the right of an
accused to a speedy disposition of his case. We should not, however, overlook the
fact that most of the citizens of this country, still, are demanding a democratic and a
just way of implementing the justice system in the Philippines.
Not too long ago, there has been an issue with the Bureau of Corrections
regarding the GCTA award given to Mayor Sanchez who has committed so wrong
a crime unimaginable and so serious as to instill fear among the youth. As the
investigation regarding such Bureau, there has been claims that there is something
wrong with the way the GCTA is implemented. Bribery was one of the few reasons
claimed to be the reason why Mayor Sanchez has been given such award.
Let us not overlook the fact that the Philippines is ravaged by a number of
cases involving corruption. The worst part is that it has also taken its way in the
justice system of the Philippines. With this, I urge the Congress to enact a law strict
enough that would bring about an end to corruption as it has already found its way
to severe the proper disposition of justice in the Philippines.
 With this, I urge the Congress and the Supreme Court to consider these
suggestions as to further improve the disposition of criminal cases. This is in
compliance and acceptance that every person is endowed with rights and that they
must be protected and given the most utmost respect.
Unless we accept this fact and act on it, “ang hustisya ay para lang sa
mayaman.”